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The Vehicles Act

being

Chapter 275 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941).

NOTE:This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

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Table of Contents

SHORT TITLE1 Short title

INTERPRETATION2 Interpretation

PART I

Highway Traffic Board

ORGANIZATION3 Organization4 Board a body corporate5 Where member interested6 Staff

GENERAL JURIDICTION, DUTIES AND POWERS7 Records of business8 General duties9 Chairman’s duties10 Regulations11 Publication of regulations12 Powers re routing and granting exclusive rights13 Prohibition against parking in certain areas14 Powers re returns, etc.15 Powers re capacity of vehicles16 Hearings by board17 Procedure on hearing of certain applications18 Inquiry and report19 Certain sittings held in municipal hall20 Records of accidents, convictions, etc.21 Reports not available to public22 Tolls and rates23 Board’s decision final

PART II

Registration, Certificates, Permits and Licences

MOTOR VEHICLES, TRAILERS AND SEMI-TRAILERS24 Registration necessary25 Application26 Registration27 Contents of public service vehicle certificate28 Conditions governing issue of certificate29 Rights conferred not exclusive30 Lapse of certificate on non-exercise of powers31 Renewal of certificate32 Assignment, etc., of certificate prohibited33 Power to refuse issue of certificate34 Procedure where serial number of vehicle obliterated35 Issue of number plates36 Issue of plates pending completion of registration37 Number plates property of the Crown

38 Exchange or transfer of certificate39 Additional fee where vehicle converted40 Fee for convertible vehicle41 Certificate carried on vehicle42 Display of plates43 Provincial certificate number only displayed44 Loss or defacement of number plate45 Number plates removed on sale46 Procedure on disposal of registered vehicle47 Alterations of vehicle to be reported48 Permit where maximum weight exceeded49 Permits

OPERATORS50 Licence necessary51 Instruction permit52 Conditions affecting renewal of licence53 Age limit54 Licence to be signed by operator55 Production of licence when demanded56 Restriction of operator’s licence

CHAUFFEURS57 Licence necessary 58 Evidence furnished before issue of licence59 Badge60 Minimum age61 Licence to be signed by chauffeur62 Production of licence when demanded63 Restriction of chauffeur’s licence64 Qualifications65 Intoxicating liquor66 Use of tobacco67 Dismissal of chauffeur reported to board68 Issue of chauffeur’s licence without fee

CLASSIFICATION OF OPERATORS’ AND CHAUFFEURS’ LICENCES

69 Powers of judge and magistrate as to surrender, substitution and cancellation of drivers’ licences

70 Power of board to deal with red licence71 Conditions governing issue of blue or white licence in

place of red or blue licence72 Powers of judge in action for damages73 Reinstatement of licence on quashing of conviction74 Letter of authority where licence surrendered

DEALERS75 Dealer’s certificate76 Cancellation of dealer’s certificate77 Monthly statement of sales78 Certificate displayed on premises

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MANUFACTURERS79 Distinguishing numbers or marks

WRECKERS80 Licence81 Records and reports82 Inspections

RENTING OF MOTOR VEHICLES83 Records

NON-RESIDENTS84 Privileges and restrictions85 Non-resident operators86 Suspension of application of sections 84 and 85

GRANT, DURATION, SUSPENSION AND CANCELLATION OF CERTIFICATES

AND LICENCES87 Grants of certificates and licences88 Duration of registrations, certificates and licences89 Suspension or revocation for misconduct, lack of

skill, etc.90 Suspension and revocation of public service

vehicle certificates91 Suspension or revocation where vehicle mechanically

unfit, etc.92 Notice of suspension or revocation93 Return of certificate, licence, etc., to board94 No licence to be issued during period of suspension95 Power to reinstate certificate, licence or permit

PART III

Accommodation and Equipment

96 Rights of public to carriage97 Exits98 Prohibitions affecting all motor vehicles99 No passengers on trucks, etc.100 Restriction on luggage101 Trailers102 Public service vehicles to be properly maintained103 Fire extinguisher on public service vehicle104 Brakes and horn105 Sirens106 Muffler107 Lamps108 Spot Lamps109 Windshield and window110 Mirrors on trucks111 Trailers and semi-trailers to be securely connected

112 Protection of vehicles carrying liquid explosives113 Snowmobiles and snowplanes114 Driving improperly equipped vehicle

PART IV

Speed and Rules of the Road

115 Speed116 Racing117 Right of way118 Dimming or deflecting of lights119 Entering provincial highways120 Meeting funerals121 Overtaking street cars122 Overtaking vehicles at intersections123 Entering and leaving garage124 Turning125 Stopping126 Precautions against accidents127 Passing cattle128 Certain vehicles not to be left unattended129 Level railway crossing, etc.130 Stop signs131 Right of way for road equipment132 Towing bicycles, etc., prohibited133 Pedestrian to walk on left side of highway

PART V

Accidents

134 Duty to return to scene of accident135 Duty to report accident136 Report by owner of public service vehicle137 Reports by insurance companies138 Reports by owners of repair shops, etc.139 Onus of proving notice or report140 Liability of owner and driver for loss, damage or injury141 Onus of proof142 Time limit for instituting civil actions

PART VI

Financial Responsibility of Owners, Operators

and Chauffeurs

143 Application144 Suspension of licence and registration for failure to

pay judgment145 Suspension of privileges of non-resident for failure to

pay judgment146 Payment of judgment in instalments147 Amount of proof of financial responsibility

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148 Manner of proof149 Additional proof150 Proof for owner of several cars151 Proof for non-resident152 Chauffeurs or members of owner's family153 Persons responsible for accidents154 Voluntary filing of proof of financial responsibility155 Form of policy and duties of insurer156 Default by insurer of non-resident157 Application of insurer of non-resident158 Action on bond159 Cancellation and return of security160 Supension of licence and certificate upon conviction161 Return of certificate, licence and plates on suspension162 Driver may drive for owner who has furnished proof163 Suspension of privileges of non-resident upon

conviction164 Report of convictions and judgment

PART VII

Fees and Expenses

165 Fees166 Recovery of fees, etc.167 Refunds of fees168 Fees, etc. deposited in consolidated fund169 Expenses of board

PART VIII

Miscellaneous

170 Use of bills of lading, express receipts and passenger tickets

171 Records172 Time schedules to be observed173 Holder of certificate not to discontinue service174 Application of sections 22, 28(1) and 103175 Alteration of certificate, etc.176 Signs and particulars to be exposed on vehicles and in

premises of owners

177 Prohibition against certain operations of public service vehicles

178 Prohibitions179 Presumption180 Municipal fees181 Municipal bylaws182 Board responsible to Provincial Tax Commission

PART IX

Enforcement Provisions

183 Power to prohibit operation of certain vehicles184 Power of certain officers to examine and test185 Seizure of vehicles illegally operated186 Information to be furnished187 Drivers to stop on request of officer188 Report of convictions189 Presumption of authority of traffic officer

PART X

Offences and Penalties

190 Tampering with motor vehicle191 Placing nails, etc., upon highway192 Throwing burning match, ashes, etc., on highway193 Unauthorized persons prohibited from carrying

permit or licence194 False information195 Applying for licence during suspension, cancellation

or prohibition from driving196 Applying for additional licence197 General penalty198 Continuing offences199 Disposal of fines200 Liability of owner of vehicle other than public

service vehicle201 Liability of owner of public service vehicle

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CHAPTER 275

An Act respecting the Operation of Vehicles

SHORT TITLE

Short title

1 This Act may be cited as The Vehicles Act.1939, c.83, s.1; R.S.S. 1940, c.275, s.1.

INTERPRETATION

Interpretation

2 In this Act, unless the context otherwise requires, the expression:

“Authorized insurer”

1. “Authorized insurer” means an insurer duly licensed under the provisions of The Saskatchewan Insurance Act, to carry on in Saskatchewan the business of automobile insurance;

“Board”

2. “Board” means the Highway Traffic Board mentioned in section 3;

“Certificate”

3. “Certificate” means a document, issued by the Highway Traffic Board, granting authority to operate a vehicle;

“Chauffeur”

4. “Chauffeur” means

(a) the driver of a passenger-carrying public service vehicle; or

(b) a person hired or engaged for the purpose of driving a motor vehicle; or

(c) a person acting in place of a licensed chauffeur absent on vacation or on account of illness;

“Commercial vehicle”

5. “Commercial vehicle” means a motor vehicle or trailer vehicle classified by and registered with the board as a commercial vehicle;

“Compensation”

6. “Compensation” means remuneration in specie or otherwise or any other recompense whatsoever obtained for transporting passengers, live stock, liquids, goods, wares, merchandise, gravel, sand or other material except that for use in the construction or maintenance of public highways;

“Dealer”

7. “Dealer” means:

(a) a person, engaged in the business of buying, selling or exchanging motor vehicles, who is in possession of a written contract or agreement with a manufacturer or firm of distributors; or

(b) a person, engaged either solely or partly in the business of buying, selling or exchanging second hand cars;

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“Farm truck”

8. “Farm truck” means a motor vehicle classified by and registered with the board as a farm truck;

“Live stock”

9. “Live stock” means poultry and domestic animals, including horses, cattle, sheep and pigs;

“Loaded truck”

10. “Loaded truck” means a truck having on or in it live stock, goods, wares, merchandise, gravel, sand or other material or a passenger or passengers;

“Manufacturer”

11. “Manufacturer” means a person who manufactures or assembles motor vehicles;

“Misconduct”

12. “Misconduct” means any act, deed or practice which in the opinion of the board is not in the public interest;

“Motor vehicle”

13. “Motor vehicle” includes automobiles, locomobiles, power units, motor cycles, pedal bicycles with motor attachment, snowmobiles, snowplanes, tractors, units formed by attaching power units to semi-trailers and all other self propelled vehicles, excepting cars of electric and steam railways and other motor vehicles running only upon rails or tracks or solely upon railway company property, fire engines, fire department apparatus, road rollers and street sprinklers; and for the purpose of this paragraph “tractor” means an engine used for the purpose of drawing a trailer, other than an engine used for such purpose by a farmer in connection with his farming operations, and “power unit” means a motor vehicle used solely for the purpose of drawing a semi-trailer;

“Non-resident”

14. “Non-resident” means a resident of another province or country;

“Operator”

15. “Operator” means a person other than a chauffeur, who drives a motor vehicle on a public highway;

“Owner”

16. “Owner” means the person in whose name a motor vehicle is registered under this Act, and includes a corporation, association or other aggregation of individuals which owns or controls a registered motor vehicle;

“Private trailer”

17. “Private trailer” means a trailer classified by and registered with the board as a private trailer;

“Proof of financial responsibility”

18. “Proof of financial responsibility” means a certificate of insurance, a bond or a deposit of money or securities given or made pursuant to section 148;

“Public highway”

19. “Public highway” means a public highway as defined in The Highways and Transportation Act and includes a parkway, driveway, square or place designed and intended for or used by the general public for the passage of motor vehicles;

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“Public service vehicle”

20. “Public service vehicle” means a motor vehicle or trailer classified by and registered with the board as a public service vehicle;

“Register number”

21. “Register number” means the number assigned by the board to motor vehicle, trailer or semi-trailer;

“Semi-trailer”

22. “Semi-trailer” means a vehicle which is at any time drawn upon a public highway by a motor vehicle and the construction of which indicates that it is designed for the conveyance of live stock, liquids, goods, wares, merchandise, gravel, sand or other material or as living quarters for persons and is so designed that its weight and the weight of its load is carried partly upon its own axle or axles and partly upon another vehicle:

Provided that where a vehicle is attached to or drawn by a motor vehicle by means only of a drawbar or other similar device it shall be deemed to be a trailer;

“State”

23. “State” means any state of the United States of America or the District of Columbia;

“Superintendent of Insurance”

24. “Superintendent of Insurance” means the Superintendent of Insurance appointed under the authority of The Saskatchewan Insurance Act;

“Toll” or “rate”

25. “Toll” or “rate” means a fee charged or collected for carriage of passengers or property by a public service vehicle;

“Trailer”

26. “Trailer” means any vehicle, other than a semi-trailer, which is at any time drawn upon a public highway by a motor vehicle or tractor and the construction of which indicates that it is designed for the conveyance of live stock, liquids, goods, wares, merchandise, gravel, sand or other material or as living quarters for persons, except a vehicle drawn upon a public highway by a motor vehicle or tractor which is not required to be registered under this Act and a motor vehicle towed for sale, storage or repair purposes, and shall be deemed to be a separate vehicle and not part of the motor vehicle or tractor by which it is drawn;

“Truck”

27. “Truck” means a motor vehicle the construction of which indicates that it is designed for the conveyance of live stock, liquids, goods, wares, merchandise, gravel, sand or other material or a motor vehicle equipped with a lifting device, or a passenger motor vehicle with a portion of the body removed and having a platform or box in use or the construction of which indicates that it is designed for the conveyance of any such material;

“Vehicle”

28. “Vehicle” includes motor vehicles, trailers, semi-trailers, fire engines, fire department apparatus, road rollers, street sprinklers, steam, gasoline or kerosene traction engines and all vehicles propelled by muscular power; but does not include cars of electric and steam railways and other motor vehicles running only upon rails or tracks or solely upon railway company property;

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“Wheel base”

29. “Wheel base” means the distance from the centre of the hub of a front wheel to the centre of the hub of the rear wheel on the same side of a motor vehicle, as the same is specified in the lists supplied to the board by the manufacturers; provided that, where a motor vehicle has been remodelled, the wheel base shall be ascertained by actual measurement;

“Wrecker”

30. “Wrecker” means a person who in the course of his business buys or acquires motor vehicles and dismantles them for the purpose of selling or otherwise disposing of the parts thereof.

1939, c.83, s.2; 1940, c.95, s.2; R.S.S. 1940, c.275, s.2.

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PART I

Highway Traffic Board

ORGANIZATION

Organization

3(1) There shall be a board to be styled “The Highway Traffic Board” to be composed of five members to be appointed by the Lieutenant Governor in Council, one of whom shall be appointed as chairman and shall be entitled to hold the position of chairman as long as he continues a member of the board.

(2) If a person who is employed in the public service of Saskatchewan is appointed as a member of the board, he shall nevertheless be deemed to continue to be an employee within the meaning of The Public Service Superannuation Act and to be subject to its provisions and entitled to the benefits thereby conferred.

(3) Three members of the board shall constitute a quorum.

(4) In the absence or disability of the chairman all orders, rules, regulations and other documents may be signed by any one member and when so signed shall have the like effect as if signed by the chairman. Whenever it appears that a member other than the chairman has acted for and in place of the chairman it shall be conclusively presumed that he has so acted in the absence or disability of the chairman.

(5) Vacancies caused by death, resignation or otherwise may be filled by the Lieutenant Governor in Council but a vacancy shall not impair the power of the remaining members to act. In any such case the signature of one member shall be sufficient.

(6) The members shall serve without remuneration or shall receive such remuneration as is approved by the Lieutenant Governor in Council and shall perform such duties in addition to the duties assigned to them by this Act as may be provided by the Lieutenant Governor in Council.

1939, c.83, s.3; R.S.S. 1940, c.275, s.3.

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Board a body corporate

4 The board shall be a body corporate with perpetual succession and a common seal of such design as may be provided by the Lieutenant Governor in Council, and such seal shall be judicially noticed.

1939, c.83, s.4; R.S.S. 1940, c.275, s.4.

Where member interested

5 Whenever a member is interested in a matter before the board, the Lieutenant Governor in Council may, upon the application of such member or otherwise, appoint some disinterested person to act as a member pro hac vice, and the Lieutenant Governor in Council may also appoint a person to act during the sickness, absence or disability of a member.

1939, c.83, s.5; R.S.S. 1940, c.275, s.5.

Staff

6 The Public Service Commission may, upon the recommendation of the Provincial Tax Commission, appoint such officers and other employees as the Provincial Tax Commission may from time to time deem necessary for carrying out the provisions of this Act.

1939, c.83, s.6; 1940, c.95, s.3; R.S.S. 1940, c.275, s.6.

GENERAL JURIDICTION, DUTIES AND POWERS

Records of business

7 The board shall make provision for keeping an accurate record of its business.1939, c.83, s.7; R.S.S. 1940, c.275, s.7.

General duties

8(1) The board shall do all things necessary for the proper conduct of its business and in particular, without restricting the generality of the foregoing, shall when deemed advisable by it to do so make regulations or orders governing:

(a) the amount of deposit, bonds and insurance policy required from the owner of a public service vehicle;

(b) the nature of live stock, liquids, goods, wares and merchandise which may be carried;

(c) routes and the nature of routes whether local or through;

(d) areas within which public service vehicles may be operated;

(e) the passenger capacity of public service vehicles;

(f) the weight which may be carried on the top of a passenger-carrying public service vehicle;

(g) the maximum weight of express freight and baggage which public service vehicles may carry, and the size and weight of packages;

(h) tolls, express and freight rates;

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(i) the commission chargeable for collecting on “cash on delivery” shipments;

(j) the maintenance of depots and the location thereof;

(k) the time schedules of public service vehicles operated on a specified route;

(l) the classification of vehicles;

(m) the hours of employment and wages of drivers of public service and commercial vehicles.

(2) The board may also make regulations:

(a) providing for a uniform bill of lading;

(b) providing for the issue of numbered tickets by owners of passenger-carrying public service vehicles operated on a specified route;

(c) classifying live stock, goods, wares, merchandise and other material;

(d) respecting the nature of goods which may be carried as express freight;

(e) respecting the nature of containers which may be used in freight shipments;

(f) prescribing the form of certificates and permits to be issued by the board.

1939, c.83, s.8; 1940, c.95, s.4; R.S.S. 1940, c.275, s.8.

Chairman’s duties

9 The chairman shall perform such of the duties and exercise such of the powers of the board as are imposed upon or delegated to him from time to time by the board.

1939, c.83, s.9; R.S.S. 1940, c.275, s.9.

Regulations

10 The board may, with the approval of the Lieutenant Regulations Governor in Council, make regulations for the better carrying out of the provisions of this Act according to their true intent.

1939, c.83, s.10; R.S.S. 1940, c.275, s.10.

Publication of regulations

11 All regulations made under this Act shall be published in The Saskatchewan Gazette and shall take effect upon the date of such publication, unless some other date is specified in the regulations, and shall have the same force and effect as if herein enacted.

1939, c.83, s.11; 1940, c.95, s.5; R.S.S. 1940, c.275, s.11.

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Powers re routing and granting exclusive rights

12 The board may route public service vehicles through cities, towns and villages, restrict services, and grant local, through and exclusive rights and special charters.

1939, c.83, s.12; R.S.S. 1940, c.275, s.12.

Prohibition against parking in certain areas

13 The board may prohibit the parking of vehicles within areas adjacent to or bordering on buildings or property owned or used by the province.

1939, c.83, s.13; R.S.S. 1940, c.275, s.13.

Powers re returns, etc.

14 The board may require the filing of returns, reports and any other data by holders of certificates and permits and regulate and supervise such persons in all matters affecting the relationship between them and the public.

1939, c.83, s.14; R.S.S. 1940, c.275, s.14.

Powers re capacity of vehicles

15 The board may, where it considers it in the public interest, make regulations providing that, for the purposes of this Act, the regulations thereunder or fees prescribed under section 165, a motor vehicle or trailer or class or model of motor vehicles or trailers shall be deemed to have a different manufacturer’s rated capacity than that claimed or advertised by the manufacturer.

1940, c.95, s.6; R.S.S. 1940, c.275, s.15.

Hearings by board

16 The board shall sit at such times and places within the province as the board may from time to time designate and shall conduct its proceedings in such manner as may seem to it most convenient for the speedy and effective dispatch of business.

1939, c.83, s.15; R.S.S. 1940, c.275, s.16.

Procedure on hearing of certain applications

17(1) All sittings of the board for hearing applications for certificates in respect to new routes or extensions of existing routes for public service vehicles used for the transportation of general merchandise or of passengers or passengers and express over specified routes shall be open to the public, and the board shall hear all parties interested therein who request to be heard.

(2) The board shall give reasonable notice of the hearing of any application for a public service vehicle certificate in respect of a new route or the extension of an existing route to all persons whom the board deems to be affected by the application and, in any event, to all transportation agencies then serving the area or areas proposed to be served by the applicant.

1939, c.83, s.16; R.S.S. 1940, c.275, s.17.

Inquiry and report

18 The board may appoint or direct any person to make an inquiry and report upon any complaint or dispute in relation to any matter over which the board has jurisdiction.

1939, c.83, s.17; R.S.S. 1940, c.275, s.18.

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Certain sittings held in municipal hall

19 Where sittings of the board or of any member thereof are appointed to be held in a city, town or village in which there is a hall belonging to the corporation, the council shall upon request allow the sittings to be held in such hall.

1939, c.83, s.18; R.S.S. 1940, c.275, s.19.

Records of accidents, convictions, etc.

20 The board shall keep the following records:

(a) a record of all motor vehicle accidents in the province, reported to it or concerning which it procures information;

(b) a record of all convictions reported to it and all convictions or forfeitures of bail of which it has received official notice;

(c) a record of all certificates of registration, licences and permits issued, suspended, revoked, cancelled or revived, under this Act;

(d) a record of all unsatisfied judgments rendered against persons holding certificates of registration or operators or chauffeurs’ licences or permits under this Act or against non-residents, reported to the board pursuant to the provisions of this Act;

(e) a record of all persons required to show evidence of financial responsibility;

(f) an operating record of every chauffeur and operator, which record shall show all reported convictions of such chauffeur or operator for a violation of any provision of any statute relating to the operation of motor vehicles, and all reported unsatisfied judgments against such person for any injury or damage caused by such person while operating a motor vehicle and all accidents in which, according to the records of the board, a chauffeur or operator has been involved, and such other information as the board may deem proper;

(g) a record of all persons who have, in accordance with the provisions of this Act, been reported to the board to be afflicted with or suffering from such physical or mental disability or disease as might prevent them from exercising reasonable and ordinary control over a motor vehicle while driving it upon a public highway;

(h) such other records as the board deems advisable.1939, c.83, s.19; R.S.S. 1940, c.275, s.20.

Reports not available to public

21 Reports made to the board pursuant to the provisions of this Act shall be the property of the Crown and shall not be made public.

1939, c.83, s.20; R.S.S. 1940, c.275, s.21.

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Tolls and rates

22(1) Holders of public service vehicles certificates or permits shall charge such tolls and rates as are from time to time prescribed by the board.

(2) Every passenger on a public service vehicle and every person who ships live stock, liquids, goods, wares, merchandise, gravel, sand or other material or commodities by a public service vehicle shall pay the tolls or rates from time to time prescribed by the board.

(3) A person who, in contravention of subsection (1) or (2), charges or pays a toll or rate less than that prescribed by the board shall be guilty of an offence.

1939, c.83, s.21; 1940, c.95, s.7; R.S.S. 1940, c.275, s.22.

Board’s decision final

23 The board’s decision in all matters shall be final, but if new evidence is submitted to it within thirty days of its decision the board may rehear the case or may review, rescind, change, alter or vary any decision or order made by it.

1939, c.83, s.22; R.S.S. 1940, c.275, s.23.

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PART II

Registration, Certificates, Permits and Licences

MOTOR VEHICLES, TRAILERS AND SEMI-TRAILERS

Registration necessary

24 Subject to the other provisions of this Act no person by himself or by an agent or employee, shall operate a motor vehicle or trailer on a public highway unless such vehicle is registered with the board and a certificate of registration or permit is obtained pursuant to the provisions of this Act:

Provided that where a person, not disqualified to do so, has made application in the form required by the board and paid the prescribed fee for registration and has received, and displays on the motor vehicle in respect of which the application was made, number plates in accordance with the provisions of section 36, the motor vehicle shall, pending receipt by such person of a certificate of registration, be deemed to be sufficiently registered for the purposes of this section.

1939, c.83, s.23; 1940, c.95, s.8; R.S.S. 1940, c.275, s.24.

Application

25 Application for a certificate of registration shall be made to the board in such form and in such manner as the board may require and shall be accompanied by the prescribed fee.

1939, c.83, s.24; R.S.S. 1940, c.275, s.25.

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Registration

26(1) The board, upon receiving an application for registration of a motor vehicle or trailer to be operated for private purposes or as a commercial vehicle and on payment of the prescribed fee, shall, subject to the provisions of this Act and regulations made thereunder, cause the name and address of the owner and the description of his vehicle to be registered and issue to the owner a numbered certificate showing registration in accordance with the provisions of this Act.

(2) The board, upon receiving an application for registration of a motor vehicle or trailer to be operated as a public service vehicle and on payment of the prescribed fee, may, if it finds that public business will be promoted by the establishment of a proposed transportation service, or a part thereof, issue to the applicant a certificate of registration allowing the operation of the vehicle in the manner determined by the board and as set forth in the certificate.

(3) The board shall be the registrar of motor vehicles for the province within the meaning of section 285 of the Criminal Code.

1939, c.83, s.25; 1940, c.95, s.9; R.S.S. 1940, c.275, s.26.

Contents of public service vehicle certificate

27 The certificate of registration of a public service vehicle to be used for the transportation of passengers or passengers and express shall state the maximum number of passengers or passengers and tonnage permitted and no such vehicle shall at any time carry more passengers or a greater tonnage than the number or tonnage specified in the certificate.

1939, c.83, s.26; 1940, c.95, s.10; R.S.S. 1940, c.275, s.27.

Conditions governing issue of certificate

28(1) No certificate for a public service vehicle shall be issued unless the applicant has filed with the board such of the following insurance policies or bonds as may be required by the board:

(a) a motor vehicle liability policy or a bond of a guarantee insurance or surety company authorized to carry on business in Saskatchewan, the covering of which shall be extended to provide for any loss or damage resulting from bodily injury to, or the death of any person being carried in or upon, or entering or getting into, or alighting from the vehicle, having due regard to the number of passengers, and for loss or damage to personal property of passengers carried in or upon the vehicle;

(b) a policy of inland transportation insurance or a bond of a company mentioned in clause (a) against loss of or damage to goods, wares or merchandise or property of any kind in transit or in the custody of the transporter; and

(c) a policy of guarantee insurance or a bond of a company mentioned in clause (a) covering the payment to the consignor of all sums collected by the transporter on behalf of the consignor.

(2) Where an owner desires to operate a public service vehicle interprovincially the board may in lieu of the policies or bonds required under subsection (1), accept those which have been deposited with the officials of another province and shall, before issuing a certificate, take up all matters pertaining to such interprovincial operation with the officials of the province concerned.

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(3) No certificate shall be issued to the owner of a public service vehicle which is to be used in the operation of a taxi service within a city, unless the applicant has filed with the board a certificate of good character furnished by the chief constable or acting chief constable of the city.

1939, c.83, s.27; 1940, c.95, s.11; R.S.S. 1940, c.275, s.28.

Rights conferred not exclusive

29 No public service vehicle certificate shall be deemed to confer exclusive rights upon any person or to preclude the board from granting a certificate for the operation of a vehicle on any public highway or portion of a public highway where it appears to the board necessary to grant such further certificate to enable passengers or property to be carried to any terminus from areas or termini other than those named in the first mentioned certificate.

1939, c.83, s.28; R.S.S. 1940, c.275, s.29.

Lapse of certificate on non-exercise of powers

30 Unless exercised within a period of thirty days from the date on which it is issued, or within such further period as the board may on application allow, the authority conferred by a public service vehicle certificate shall cease and terminate and the certificate shall be deemed to be cancelled.

1939, c.83, s.29; R.S.S. 1940, c.275, s.30.

Renewal of certificate

31(1) Prior to the first day of February in each year, or such later date as the board may allow, every person who holds a public service vehicle certificate shall make application to the board for renewal thereof for the next registration year, which application shall be accompanied by the prescribed fee.

(2) The board may, if satisfied with the service rendered by the applicant, issue a renewal certificate. If renewal is refused the applicant shall not operate a public service vehicle beyond the end of the current registration year.

1939, c.83, s.30; R.S.S. 1940, c.275, s.31.

Assignment, etc., of certificate prohibited

32(1) No certificate or permit, or right or privilege thereunder, shall be capitalized, sold, assigned, leased or transferred except with the previous written approval of the board.

(2) When the holder of a public service vehicle certificate sells, transfers or assigns his business rights and assets he may, with the approval of the board and upon payment of the prescribed fee, transfer the certificate to the purchaser, which approval shall be indorsed on the certificate, and the certificate so indorsed shall be as effective as if originally issued to such purchaser. Where, by reason of the purchase, there is a consolidation of certificates and where, in the opinion of the board, a through service will be beneficial to the public, the board may authorize such service.

1939, c.83, s.31; R.S.S. 1940, c.275, s.32.

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Power to refuse issue of certificate

33(1) The board may refuse to issue a certificate to an applicant if satisfied that he is not a fit and proper person to be in charge of a motor vehicle or is subject to disabilities which might render his operation of a motor vehicle a public danger.

(2) Where an applicant for a certificate of registration of a motor vehicle or trailer is indebted to the board in the amount of any fees and charges payable in respect of the operation of any motor vehicle or trailer in the current or any preceding registration year or years, the board may refuse to issue a certificate to the applicant until the amount of such fees and charges has been paid.

(3) The board may refuse to issue a certificate to an applicant if, in the opinion of the board, the vehicle for which the certificate is required is mechanically unfit or unsafe for transportation.

1939, c.83, s.32; 1940, c.95, s.12; R.S.S. 1940, c.275, s.33.

Procedure where serial number of vehicle obliterated

34 Where:

(a) the manufacturer’s serial number or similar identifying mark on a motor vehicle has been obliterated, defaced or lost; or

(b) a motor vehicle has been rebuilt or made up of parts from one or more motor vehicles, and, as a result of such rebuilding or for any other reason, has no serial number or identifying mark;

the board may, before issuing a certificate of registration in respect of the vehicle, require the applicant to furnish satisfactory proof of ownership and upon receipt of such proof shall issue a special identification number or mark, which shall be attached to the motor vehicle and shall be deemed sufficient identification for the purpose of registration.

1940, c.95, s.13; R.S.S. 1940, c.275, s.34.

Issue of number plates

35 The board having duly registered a vehicle shall, subject to the provisions of this Act, issue to the owner thereof a distinctive number plate or plates to be displayed on the vehicle while in use on a public highway.

1939, c.83, s.34; R.S.S. 1940, c.275, s.35.

Issue of plates pending completion of registration

36(1) Upon receipt of an application for a certificate of registration of a vehicle other than a public service vehicle and on payment of the prescribed fee, the plate or plates may be issued pending completion of registration and the issue of a certificate bearing the same number as the plate or plates. The plate or plates shall be immediately affixed to the vehicle described in the application.

(2) At the time of issuing a plate or plates under subsection (1), the issuer shall record with ink on the application the amount of the fee received and the serial number of the plate or plates, and shall sign the application as an acknowledgement of receipt of such fee and shall require the applicant or his agent to sign on the application an acknowledgment of receipt of the plate or plates.

1939, c.83, s.35; R.S.S. 1940, c.275, s.36.

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Number plates property of the Crown

37 Every number plate furnished by the board under this Act shall be and remain the property of the Crown, and shall be returned to the board whenever requested by it. A person who fails to comply with such request shall be guilty of an offence and liable on summary conviction to a fine of not less than $5 nor more than $25 and in default of payment to imprisonment for a term not exceeding seven days.

1939, c.83, s.36; R.S.S. 1940, c.275, s.37.

Exchange or transfer of certificate

38 Upon receipt of an application for an exchange or transfer of a certificate of registration and on payment of the prescribed fee the board may, pending completion of such exchange or transfer, issue to the applicant a receipt for such fee. The receipt shall be displayed on the windshield of the vehicle in respect of which the application was made, and shall for a period of twenty days including the day of its date constitute a valid authority for the operation of the vehicle.

1939, c.83, s.37; R.S.S. 1940, c.275, s.38.

Additional fee where vehicle converted

39(1) Where a motor vehicle for which a certificate has been issued is thereafter converted, the board shall, on return of the certificate and number plates and on payment of the prescribed fee or, where the fee for the new certificate exceeds that paid for the former certificate, such additional fee as is prescribed by the Lieutenant Governor in Council, re-register the motor vehicle and issue a new certificate and new number plates.

(2) Where the owner of a registered motor vehicle requests, in the form required by the board, that the motor vehicle be registered in a class different to that for which the subsisting certificate of registration has been issued and where the fee for the new certificate exceeds that paid for the former certificate, the new certificate shall be issued upon payment of the difference, or, where the fee for the new certificate does not exceed that paid for the former certificate, upon payment of the prescribed fee.

(3) For the purposes of this section “certificate” and “certificate of registration” include a certificate of registration issued under section 75.

1939, c.83, s.38; 1940, c.95, s.14; R.S.S. 1940, c.275, s.39.

Fee for convertible vehicle

40 Every motor vehicle usually operated as a passenger car but which is sometimes used with a truck body, and every motor vehicle usually operated as a truck but which is sometimes used with a touring, sedan, coupe or roadster body, shall be registered in the class requiring the greater fee. The certificate issued in respect of such vehicle shall bear the inscription “Convertible Vehicle”.

1939, c.83, s.39; R.S.S. 1940, c.275, s.40.

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Certificate carried on vehicle

41 The certificate of registration of a vehicle shall be carried on the vehicle in a reasonably conspicuous position in vehicle the driver’s compartment, or on the person of the driver, and produced for inspection upon the demand of a traffic officer, police officer or constable or other authorized person.

1939, c.83, s.40; R.S.S. 1940, c.275, s.41.

Display of plates

42(1) Every number plate shall bear the registered number of the vehicle, the registration year during which the number is in force or an abbreviation thereof, the word “Saskatchewan” or the abbreviation “Sask.”, and such letters as the board may require to indicate the classification of the vehicle.

(2) Every motor vehicle, except motor cycles and pedal bicycles with motor attachment, shall carry and expose two number plates, one on the front and one on the rear, issued under the provisions of this Act. Number plates shall be firmly secured so as to prevent swinging, be so placed as to be distinctly visible and be kept free from oil, grease, dirt and other substances likely to impair their legibility; and the view thereof shall not be obscured or obstructed by spare tires, bumper bars, or by any part of the motor vehicle or attachment thereto, or by the load carried, nor shall any plate, disc or article be so attached to a number plate that the plate, disc, or article is likely to obstruct the view of the number plate.

(3) Every motor cycle and every pedal bicycle with motor attachment shall carry one number plate which shall be attached to the rear mudguard in such a position as to be distinctly visible, and every trailer shall carry one number plate which shall be attached to the rear in such a position as to be distinctly visible.

1939, c.83, s.41; 1940, c.95, s.15; R.S.S. 1940, c.275, s.42.

Provincial certificate number only displayed

43(1) Subject to section 84, no person shall operate on any public highway a trailer or a motor vehicle on which is carried or exposed, in the case of a trailer, on the rear, and in the case of a motor vehicle, on the rear or front, a number plate other than one issued by the board or by the government of a state or another province, or pursuant to the provisions of The Fuel Petroleum Products Act or any bylaw of a municipal corporation within the province.

(2) Subject to section 46, no person shall use or permit the use of his certificate, number plate or plates on any motor vehicle or trailer other than the registered motor vehicle or trailer for which the certificate, plate or plates were issued.

(3) No person shall wilfully deface or alter any number plate.

(4) A person operating, or causing to be operated, a motor vehicle or trailer bearing a wilfully defaced or altered number plate shall be liable, upon summary conviction, for a first offence to a fine of not less than $25 nor more than $50, and for a subsequent offence to a fine of not less than $50 nor more than 8100.

1939, c.83, s.42; 1940, c.95, s.16; R.S.S. 1940, c.275, s.43.

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Loss or defacement of number plate

44(1) If the number plate or plates or one of the number plates of a registered motor vehicle or trailer is lost or destroyed, the owner shall forthwith apply to the board for re-registration of his vehicle, returning the certificate and remaining plate, if any, and accompanying his application with an affidavit that the original plate or plates or one of them has been lost or destroyed, and he shall thereupon and upon payment of the prescribed fee receive a new certificate and a new plate or plates.

(2) If a number plate of a registered motor vehicle or trailer is so defaced as to be illegible, the owner shall forthwith apply to the board for re-registration of his vehicle, returning the defaced plate and the other plate, if any, and he shall thereupon and upon payment of the prescribed fee receive a new certificate and a new plate or plates.

(3) Upon receipt of an application in compliance with subsection (1) or (2), the board may, pending the issue of the new certificate and the new plate or plates, issue to the applicant a receipt for the fee. The receipt shall be displayed on the windshield of the motor vehicle and shall for a period of twenty days including the day of its date constitute a valid authority for the operation of the motor vehicle or trailer.

1939, c.83, s.43; 1940, c.95, s.17; R.S.S. 1940, c.275, s.44.

Number plates removed on sale

45(1) No person shall sell, exchange or otherwise dispose of a motor vehicle or trailer belonging to him, or in respect of which he is the agent, without removing the number plate or plates attached thereto at the time of the sale, exchange or disposal.

(2) Every person who sells, exchanges or otherwise disposes of a motor vehicle or trailer shall, if the plate or plates are not then required for use in accordance with section 46, forward the plate or plates to the nearest office of the board where they shall be held and re-issued to the owner if he obtains another motor vehicle or trailer.

(3) No person selling a motor vehicle or trailer shall hold out or represent to the party purchasing or to any one acting for him that any plate or plates theretofore issued for such vehicle will authorize or permit the operation of the vehicle by the purchaser.

1939, c.83, s.44; 1940, c.95, s.18; R.S.S. 1940, c.275, s.45.

Procedure on disposal of registered vehicle

46(1) If an owner disposes of his registered motor vehicle or trailer he shall immediately notify the board and furnish the name and address of the new owner thereof.

(2) If the owner of a motor vehicle or trailer which has been registered in Saskatchewan transfers the number plates from such vehicle to another he shall immediately apply, in the form required by the board, for a transfer of registration and pay the prescribed fee, and the vehicle to which the number plates have been transferred shall be deemed to be sufficiently registered for the purposes of this Act if the application and fee have been filed with or mailed to the board.

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(3) The board shall on payment of the prescribed transfer fee and, where the fee for registration of the vehicle to which the plates have been transferred is greater than the fee paid for registration of the vehicle from which they were taken, such additional fee as may be prescribed by the Lieutenant Governor in Council, register the vehicle to which the plates have been transferred in the name of the owner. The transfer fee shall not be payable where the vehicle is a trailer.

1939, c.83. s.45; 1940, c.95, s.19; R.S.S. 1940, c.275, s.46.

Alterations of vehicle to be reported

47 In case:

(a) the body of a motor vehicle is replaced by another reported body;

(b) the class of a motor vehicle is changed or the type of a motor vehicle is converted;

the person making the alteration shall forthwith report the same to the board.1939, c.83, s.46; 1940, c.95, s.20; R.S.S. 1940, c.275, s.47.

Permit where maximum weight exceeded

48 Where the owner of a motor vehicle, trailer or semi-trailer having a weight in excess of the maximum gross weight prescribed by regulations made under the authority of The Highways and Transportation Act desires to operate the vehicle, trailer or semi-trailer on a public highway outside the limits of a city, he shall obtain from the Minister of Highways and Transportation a permit to do so.

1939, c.83, s.47; R.S.S. 1940, c.275, s.48.

Permits

49 Where an application is made to the board for a permit to operate a motor vehicle or trailer:

(a) for which a certificate has not issued; or

(b) for which a certificate has issued, for any purpose other than one permitted by this Act or the regulations made thereunder;

the board may, after inquiring into the circumstances and upon being satisfied that it is in the public interest to do so and upon payment of such fee as the board may determine, issue a permit for the operation of the vehicle for the purpose and during the period or periods set forth in the permit.

1939, c.83, s.48; 1940, c.95, s.21; R.S.S. 1940, c.275, s.49.

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OPERATORS

Licence necessary

50(1) No person other than one holding a subsisting chauffeur’s licence, or a traffic officer, police officer or police constable on duty, shall drive a motor vehicle on a public highway unless he holds a subsisting operator’s licence or has made application to the board in the prescribed form and paid the prescribed fee for an operator’s licence. In any prosecution under this subsection the onus shall be on the accused to show that he holds a subsisting operator’s licence or has made application to the board in the prescribed form and paid the prescribed fee for an operator’s licence.

(2) Upon receipt of an application in such form as the board may require and on payment of the prescribed fee the board may, if satisfied that the applicant is sufficiently skilled to the operation of a motor vehicle, issue to him an operator’s licence.

(3) Upon application for renewal of a licence, or for a duplicate licence where the original has been lost or destroyed, and upon payment of the prescribed fee, the board may, pending renewal of the licence or the issue of a duplicate licence, issue to the applicant a receipt for such fee, which receipt shall for a period of twenty days including the day of its date constitute a valid authority to the applicant to drive a motor vehicle.

(4) Notwithstanding anything contained in this Act, any person may, on and after the fifteenth day of February in any year, operate a motor vehicle on a public highway if he holds an operator’s licence for the following license year.

(5) Application for an operator’s licence or application under subsection (3) for a renewal or duplicate of such licence may be made by a person acting on behalf of the person who requires the licence, renewal or duplicate. Where an application is so made, the provisions of section 194 shall apply to the person making the application as well as to the person on whose behalf the application is made.

1939, c.83, s.49; 1940, c.95, s.22; R.S.S. 1940, c.275, s.50.

Instruction permit

51(1) A person who is not well skilled in the operation of a motor vehicle may obtain from the board an instruction permit upon payment of the prescribed fee. This permit shall allow the holder to drive a motor vehicle upon the public highway for a period of ninety days when accompanied by a licensed operator or chauffeur, occupying a seat beside the driver. The fee paid for an instruction permit shall also cover an operator’s licence if secured during the term of the instruction permit.

(2) The board shall not issue an instruction permit or an operator’s licence to any person who in its opinion is afflicted with or suffering from such physical or mental disability or disease as might prevent him from exercising reasonable and ordinary control over a motor vehicle while operating it upon a public highway, nor until such time as the applicant has successfully demonstrated his ability to drive and his knowledge of the rules of the road to the satisfaction of a traffic officer or any other person nominated by the board for the purpose.

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(3) If a person who is convicted of a violation of this Act or section 285 of the Criminal Code is the holder of an instruction permit, the judge, police magistrate or justice of the peace by whom the permittee is convicted shall, in addition to all other penalties, require the permittee to surrender his permit forthwith and shall forward the permit, together with a statement of the facts attending its surrender, to the board. In such case the provisions of section 89 shall apply.

1939, c.83, s.50; 1940, c.95, s.23; R.S.S. 1940, c.275, s.51.

Conditions affecting renewal of licence

52 The board shall not renew an operator’s licence to any person who, in its opinion, is afflicted with or suffering from renewal such physical or mental disability or disease as might prevent him from exercising reasonable and ordinary control over a motor vehicle while driving it upon a public highway.

1939, c.83, s.51; R.S.S. 1940, c.275, s.52.

Age limit

53 No person under the age of sixteen years shall hold an operator’s licence or drive a motor vehicle.

1939, c.83, s.52; R.S.S. 1940, c.275, s.53.

Licence to be signed by operator

54 Every operator’s licence shall be signed by the licensee with ink in the space provided for that purpose. No operator’s licence shall be valid unless so signed.

1939, c.83, s.53; R.S.S. 1940, c.275, s.54.

Production of licence when demanded

55 Every operator shall produce his licence when demanded by a traffic officer, police officer or police constable either at the time of demand, or within forty-eight hours thereafter at such place as may be designated by the person making the demand.

1939, c.83, s.54; R.S.S. 1940, c.275, s.55.

Restriction of operator’s licence

56(1) Notwithstanding anything contained in this Act, the board may by indorsation of an operator’s licence restrict licence the licensee to the operation of a specified class or motor vehicle.

(2) A person who operates a motor vehicle other than one belonging to a class to which he has been restricted under the provisions of subsection (1) shall be guilty of an offence.

1939, c.83; s.55; 1940, c.95, s.24; R.S.S. 1940, c.275, s.56.

CHAUFFEURS

Licence necessary

57(1) Subject to subsection (2) no person shall drive a motor vehicle as a chauffeur until he has obtained from the board a chauffeurs licence.

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(2) A non-resident chauffeur may, without a licence, drive a motor vehicle registered in another province or country, provided he wears, the badge assigned to him in the province or country of his residence.

(3) No holder of a certificate of registration of a motor vehicle shall employ any driver or operator who is not in possession of a chauffeur’s licence.

1939, c.83, s.56; R.S.S. 1940, c.275, s.57.

Evidence furnished before issue of licence

58(1) A licence shall not be issued unless the applicant files with the board a certificate of good character furnished by the chief constable or acting chief constable of the city in which the applicant resides, or, if he does not reside within a city, by the clerk, secretary treasurer, chief constable or police magistrate of the municipality in which he resides or by a member of the Royal Canadian Mounted Police or by some other person satisfactory to the board.

(2) If the applicant intends to drive a public service vehicle, used for the transportation of passengers on a definite route, he shall file with his application, a certificate by a duly qualified medical practitioner that, in, his opinion, the applicant is not suffering from any physical or mental disability or disease which would be likely to cause the driving by him of a motor vehicle to be a source of danger to passengers or the public.

(3) Where a licence is issued to a person who has not filed the certificate mentioned in, subsection (2), the licensee shall not drive a public service vehicle used for the transportation of passengers on a definite route until he has filed such certificate with the board.

(4) Where a certificate is filed in accordance with subsection (2) or (3) the licence shall be indorsed with a statement to that effect.

(5) If, from a declaration or medical certificate or otherwise, it appears to the board that the applicant is not competent to drive, or is suffering from any such disease or disability, a licence shall not be issued:

Provided that the applicant may, except in the case of such diseases and disabilities as may be prescribed by the board, claim to be subjected to a test as to his competency or as to his fitness or ability to drive, and, if he passes the prescribed test and is not otherwise disqualified, a licence shall not be refused by reason only of the provisions of this subsection.

(6) No licensed chauffeur, whose certificate of good character has been furnished by a person other than the chief constable or acting chief constable of a city, shall drive a motor vehicle used in any business in a city unless his licence has been indorsed with the approval of the chief constable or acting chief constable of that city; and no licensed chauffeur, whose certificate of good character has been furnished by the chief constable or acting chief constable of a city, shall drive a motor vehicle used in any business in any other city unless his licence has been indorsed by the chief constable or acting chief constable of that other city.

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(7) No person who has obtained a chauffeur’s licence for the purpose of driving a truck, shall drive a passenger-carrying motor vehicle operated for compensation:

(a) in a city, unless his licence has been indorsed with the approval of the chief constable or acting chief constable of that city;

(b) in any other municipality, unless his licence has been indorsed with the approval of the clerk, secretary treasurer, chief constable or police magistrate of the municipality in which he resides or by a member of the Royal Canadian Mounted Police or by some other person satisfactory to the board;

and where such indorsement is made the person making the same shall notify the board thereof.

(8) Upon the recommendation of any of the officials mentioned in subsection (1) the board may suspend for a stated period or revoke a chauffeur’s licence.

1939, c.83, s.57; R.S.S. 1940, c.275, s.58.

Badge

59(1) The board shall issue with every licence to a chauffeur, a numbered metal badge, which shall be worn pinned upon the cap or clothing in a conspicuous place while the holder is driving a motor vehicle upon a public highway.

(2) If any person other than the licensee to whom a badge is issued wears the same while driving a motor vehicle, the licence with which the badge was issued may be cancelled by the board.

(3) If a licensee drives a motor vehicle without displaying his badge, as required by subsection (1), or displays any badge other than that issued with his licence, his licence may be cancelled by the board.

(4) If any chauffeur loses the badge issued to him or if such badge is destroyed he shall forthwith apply to the board for a new badge, returning his licence and accompanying his application with an affidavit that the original badge has been lost or destroyed. He shall thereupon and upon payment of the prescribed fee receive a new badge, and his licence.

1939, c.83, s.58; R.S.S. 1940, c.275, s.59.

Minimum age

60 No chauffeur’s licence shall be granted to a person under the age of eighteen years unless he proves to the satisfaction of the board, or some person appointed for the purpose, by special examination test, that he is skilled and capable, and that he is over the age of sixteen years.

1939, c.83, s.59; R.S.S. 1940, c.275, s.60.

Licence to be signed by chauffeur

61 Every chauffeur’s licence shall be signed by the licensee with ink in the space provided for that purpose. No chauffeur’s licence shall be valid unless so signed.

1939, c.83, s.60; R.S.S. 1940, c.275, s.61.

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Production of licence when demanded

62 Every chauffeur shall carry his licence with him at all times while he is in charge of a motor vehicle and shall produce it when requested to do so by any traffic officer, police officer or police constable.

1939, c.83, s.61; R.S.S. 1940, c.275, s.62.

Restriction of chauffeur’s licence

63(1) Notwithstanding anything contained in this Act, the board may by indorsation on a chauffeur’s licence restrict the licensee to the operation of a specified class of motor vehicle.

(2) A person who operates a motor vehicle other than one belonging to a class to which he has been restricted under the provisions of subsection (1) shall be guilty of an offence.

1939, c.83, s.62; 1940, c.95, s.25; R.S.S. 1940, c.275, s.63.

Qualifications

64 Every driver of a public service or commercial vehicle shall be of good moral character and fully competent to operate the vehicle under his charge.

1939, c.83, s.63; R.S.S. 1940, c.275, s.64.

Intoxicating liquor

65 No driver of a public service or commercial vehicle shall drink intoxicating liquor while on duty.

1939, c.83, s.64; R.S.S. 1940, c.275, s.65.

Use of tobacco

66 No driver of a public service vehicle carrying passengers shall use tobacco while driving the vehicle.

1939, c.83, s.65; R.S.S. 1940, c.275, s.66.

Dismissal of chauffeur reported to board

67 Every owner of a public service vehicle who dismisses a driver or chauffeur shall report the dismissal to the board forthwith, giving the reason therefor.

1939, c.83, s.66; R.S.S. 1940, c.275, s.67.

Issue of chauffeur’s licence without fee

68(1) The board may, without payment of the prescribed fee, but otherwise subject to the provisions of this Act, issue a chauffeur’s licence to a person who:

(a) is receiving aid or relief and is engaged for the purpose of driving a motor vehicle while used in connection with relief of distress; or

(b) is engaged without remuneration for the purpose of driving a school van operated by a school district pursuant to the provisions of The School Act.

(2) A licence so issued shall specify the purpose for which it is issued and shall not entitle the holder to drive a motor vehicle used for any other purpose.

1939, c.83, s.67; R.S.S. 1940, c.275, s.68.

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CLASSIFICATION OF OPERATORS’ AND CHAUFFEURS’ LICENCES

Powers of judge and magistrate as to surrender, substitution and cancellation of drivers’ licences

69(1) If a person convicted of a violation of any of the provisions of subsection (1) or (2) of section 43, section 65 or 98, subsection (2) or (7) of section 107, or subsection (8) of section 107 in so far as it applies to motor cycles and pedal bicycles with motor attachment, section 110, 113, 115, 117, 118, 121, 124, 125, 126, 129, 132, 134 or 135 of this Act, or section 285 of the Criminal Code, is the holder of an operator’s or chauffeur’s licence issued under this Act, the judge, police magistrate or justice of the peace by whom the licensee is convicted shall, in addition to all other penalties, require the licensee to surrender his licence forthwith and shall write across the face of the licence the word “surrendered”, and the date of the surrender and shall sign his name thereunder. The judge, police magistrate or justice shall thereupon forward the surrendered licence to the board and the board shall, upon receipt of the form required by it and the prescribed fee, issue to the licensee an operator’s or chauffeur’s licence printed on blue paper, in the following sections referred to as an operator’s or chauffeur’s blue licence.

(2) If a person who is convicted of a violation of any of the provisions of this Act enumerated in subsection (1) is not the holder of a subsisting operator’s or chauffeur’s licence issued under this Act and thereafter applies for an operator’s or chauffeur’s licence the board shall, if he is not otherwise disqualified, issue to him an operator’s or chauffeur’s blue licence.

(3) If a person so convicted is the holder of an operators or chauffeur’s blue licence, the judge, police magistrate or justice shall require its surrender and shall, in addition to all other penalties, proceed thereon in the manner required by subsection (1) in the case of the original licence. The licence issued by the board in substitution for an operator’s or chauffeur’s blue licence shall be printed on red paper, in the following sections referred to as an operator’s or chauffeur’s red licence.

(4) Instead of proceeding in accordance with subsection (1) or (3), the judge, police magistrate or justice may, if he thinks that the facts warrant a suspension of a licence, suspend the licence, require its surrender and forward it forthwith to the board together with a statement that as part of the penalty of the court he has ordered the suspension of the licence for the period mentioned in the statement. When the suspension expires the board shall issue to the licensee a licence, printed on blue paper where the licence suspended was printed on white paper, or printed on red paper where the licence suspended was printed on blue paper.

(5) If a person so convicted is the holder of an operator’s or chauffeur’s red licence the judge, police magistrate or justice shall, in addition to all other penalties, require the licensee to surrender his licence forthwith and shall suspend the licence for a stated period and shall forthwith forward it to the board together with a statement of the period of suspension.

(6) A person who fails to produce or surrender his licence when requested to do so by a judge, police magistrate or justice pursuant to this section shall be guilty of an offence.

1939, c.83, s.68; 1940, c.95, s.26; R.S.S. 1940, c.275, s.69.

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Power of board to deal with red licence

70 Upon the receipt by the board of an operator’s or chauffeur’s red licence forwarded to it pursuant to section 69, the board may, after the expiry of the period of suspension, return the licence to the licensee or may cancel the licence. Where a licence is cancelled under this section, the board shall not issue to the licensee any licence under this Act within the period of one year from the date of the cancellation.

1939, c.83, s.69; R.S.S. 1940, c.275, s.70.

Conditions governing issue of blue or white licence in place of red or blue licence

71 Where the holder of an operator’s or chauffeur’s blue licence or an operator s or chauffeur’s red licence satisfies the board that he has, during a period of not less than one year since he became the holder of the licence, duly observed the provisions of this Act and the regulations thereunder and that he has not during such period violated any of the provisions of section 285 of the Criminal Code, the board may, upon surrender of the licence to it and payment of the prescribed fee, issue to the licensee an operator’s or chauffeur’s blue licence if the licence surrendered is an operator’s or chauffeur’s red licence, or an oeprator's or chauffeur’s white licence if the licence surrendered is an operator’s or chauffeur’s blue licence.

1939, c.83, s.70; R.S.S. 1940, c.275, s.71.

Powers of judge in action for damages

72(1) In an action for damages resulting from or arising out of the driving or operation of a motor vehicle, if the judge is of the opinion that the person by whom the motor vehicle was driven or operated failed to drive or operate the same in a careful and prudent manner, having regard to all the circumstances, the judge may, in addition to all other proceedings, require that person to surrender forthwith his operator’s or chauffeur’s licence.

(2) Where a licence is surrendered under this section, the judge shall proceed in the manner provided in section 69 with respect to a licence surrendered under that section, and all the provisions of section 69 shall mutatis mutandis apply.

(3) A person who fails to produce or surrender his licence when requested by a judge to do so pursuant to this section shall be guilty of an offence.

1939, c.83, s.71; R.S.S. 1940, c.275, s.72.

Reinstatement of licence on quashing of conviction

73 Where under the provisions of section 69 or 72 a licence has been surrendered and a duplicate licence has been issued in substitution therefor, and where the conviction or decision of the judge, police magistrate or justice of the peace, preceding the surrender of the licence, has been quashed or reversed on appeal or other proceedings, the board, upon delivery to it of the duplicate licence accompanied by satisfactory evidence of the quashing of reversing of the conviction or decision, may issue to the licensee a duplicate licence of the same colour as the licence so surrendered.

1939, c.83, s.73; R.S.S. 1940, c.275, s.73.

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Letter of authority where licence surrendered

74 Where a white or blue licence has been surrendered to a judge, police magistrate or justice of the peace. the judge, police magistrate or justice may, pending the issue by the board of a duplicate blue or red licence, furnish the licensee with a letter authorizing him to drive a motor vehicle. A letter of authority given under this section shall, for a period not exceeding fifteen days including the day of its date, constitute a valid authority for the operation of such vehicle.

1939, c.83, s.74; 1940, c.95, s.28; R.S.S. 1940, c.275, s.74.

DEALERS

Dealer’s certificate

75(1) Every dealer shall, instead of registering every vehicle owned or controlled by him, apply for a general distinguishing number or mark, and the board may, upon production of satisfactory evidence by the applicant that he is a bona fide dealer and on payment of the prescribed fee, issue a certificate of registration containing the name, place of business and address of the applicant, and the general distinguishing number or mark allotted to him; and all motor vehicles owned and operated by the dealer shall, until sold or let for hire, be deemed sufficiently registered under such number or mark.

(2) Nothing contained in subsection (1) shall be construed to apply to a motor vehicle operated for service purposes or for the delivery of live stock, goods, wares, merchandise, gravel, sand or other material, and any dealer who has obtained a dealers certificate shall, before he uses or permits to be used a motor vehicle for any of the said purposes, obtain a truck or private certificate therefor, as the case may require.

(3) If a dealer has an established place of business in more than one city, town or village, he shall obtain a separate and distinctive certificate and a distinguishing number or mark for each place of business.

(4) Every dealer shall account for all number plates issued to him.

(5) Where a dealer has a representative at a place other than that stated in the dealer’s certificate, the representative shall apply for a general distinguishing number or mark, and the board may, upon production of satisfactory evidence by the applicant that he is a bona fide representative of the dealer and on payment of the prescribed fee, issue a certificate of registration containing the name, place of business and address of the applicant and the general distinguishing number or mark allotted to him; and he shall have the same rights under it as a dealer has under a dealer’s certificate of registration, and shall do and perform all acts and duties required to be done or performed by a dealer under this Act.

(6) Where a dealer sells a motor vehicle to the owner of a registered motor vehicle and accepts such registered motor vehicle as payment in part of the selling price, he shall require the purchaser to pay him the fee required by section 38 and to complete an application, in the prescribed form, for registration of the new motor vehicle and to surrender the certificate of registration of the vehicle accepted as part payment. The dealer shall within forty-eight hours forward such fee, application and certificate to the board. This subsection shall not apply where delivery of the new motor vehicle is not to be made until the following licence year.

1939, c.83, s.76; 1940, c.95, s.30; R.S.S. 1940, c.275, s.75.

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Cancellation of dealer’s certificate

76 The board may, if satisfied that any person who is in possession of a dealer’s certificate is not a bona fide dealer, cancel the certificate and require such person to obtain a certificate for each motor vehicle owned by him.

1939, c.83, s.77; R.S.S. 1940, c.275, s.76.

Monthly statement of sales

77(1) Every dealer shall, within the first five days of every month, forward to the board a statement signed by him, giving full particulars of all motor vehicles, whether new or second hand, sold and delivered by him in Saskatchewan during the preceding month, or declaring that he has sold none during that period; and in the former case such statement shall contain in addition to any further particulars required by the board the name and address of the purchaser of each vehicle.

(2) The board may suspend or revoke a dealer’s certificate for non-compliance with the provisions of subsection (1).

(3) A dealer who forwards to the board a statement false in any material particular shall be guilty of an offence and liable on summary conviction to a fine of not less than $10 nor more than $50.

1939, c.83, s.78; 1940, c.95, s.31; R.S.S. 1940, c.275, s.77.

Certificate displayed on premises

78 Every certificate issued to a dealer shall be displayed in his place of business so as to be readily visible to the public.

1939, c.83, s.79; R.S.S. 1940, c.275, s.78.

MANUFACTURERS

Distinguishing numbers or marks

79(1) Every manufacturer shall apply for a general distinguishing number or mark and the board may, upon payment of the prescribed fee, issue a certificate of registration containing the name, place of business and address of the applicant and the general distinguishing number or mark allotted; and all motor vehicles operated for the purpose of testing their efficiency or transferring them from the manufacturing plant to a place of storage and vice versa shall be deemed sufficiently registered under such number or mark.

(2) No motor vehicle displaying such distinguishing number or mark shall be operated by any person for hire, for service purposes or for the delivery of live stock, goods, wares, merchandise, gravel, sand or other material.

1939, c.83, s.81; 1940, c.95, s.33; R.S.S. 1940, c.275, s.79.

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WRECKERS

Licence

80(1) No person shall carry on the business of a wrecker in any place in respect of which he does not hold a subsisting licence issued to him under this Act.

(2) Every person who desires to do business as a wrecker shall obtain a licence from the board in respect of each place used for the purposes of his business. Such licence shall be displayed in the place of business in respect of which it is issued in such manner as to be readily visible to the public.

(3) The board may suspend or cancel a licence issued under this section for violation of any of the provisions of this Act by the holder thereof or by any of his employees, or for any other reason which, in the opinion of the board, justifies the suspension or cancellation.

(4) A licence shall not be granted to a person whose business or part of whose business is that of dealing in second hand motor vehicles which are brought into the province for the purpose of resale, but this subsection shall not apply to a dealer who accepts such motor vehicle in exchange for an unused motor vehicle.

1939, c.83, s.82; R.S.S. 1940, c.275, s.80.

Records and reports

81(1) Every wrecker shall:

(a) keep a record of all motor vehicles wrecked on his premises, containing such information including serial number, type of body and make, as will enable each motor vehicle to be readily identified, and shall within the first five days of each month transmit to the board, on forms furnished by it, a statement specifying the motor vehicles wrecked and containing such other information as may be required by the board; and

(b) if any motor vehicle comes into his possession, on which the manufacturer's serial number or other identifying mark has been obliterated or defaced or is not easily recognized, forthwith make a report thereof to the board or to a police officer or police constable.

(2) Where a motor vehicle is placed in the possession of a wrecker and remains in his possession without good reason, he shall forthwith make a report to the board stating the facts.

1939, c.83, s.83; R.S.S. 1940, c.275, s.81.

Inspections

82 A traffic officer, police officer or police constable may enter the premises of any wrecker and make such investigation and inspection of the premises and of the records as he thinks proper in order to ascertain whether the provisions of this Act are being complied with.

1939, c.83, s.84; R.S.S. 1940, c.275, s.82.

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RENTING OF MOTOR VEHICLES

Records

83 Every person engaged in the business of renting motor vehicles without drivers shall keep a record, which shall be signed by each person to whom a vehicle is rented, and shall contain particulars showing each vehicle rented, the identity of the person to whom it is rented, the number and particulars of his operator’s or chauffeur’s licence, the day on which and time at which the vehicle is rented, the time for which it is rented, the time during which it is in the possession of the person to whom it is rented, and such further information as may be required by the board. Such record shall be a public record and open to inspection of any person during business hours.

1939, c.83, s.85; R.S.S. 1940, c.275, s.83.

NON-RESIDENTS

Privileges and restrictions

84(1) Subject to the provisions of subsections (2) and (3) any non-resident may use his motor vehicle or trailer, except for compensation, within the province for a period of, or for periods amounting to, six months in any year, and during such time he shall not be required to register his vehicle under the provisions of this Act if:

(a) he has complied with the law of his place of residence as to the registration of the vehicle; and

(b) such certificate or certificates are carried, and such number plate or plates are exposed on the vehicle, as are required by the law of that place.

(2) Subsection (1) shall not apply to a person, other than a commercial traveller, who is temporarily resident in the province and carries on business therein or is employed by a person carrying on business therein or to a person, other than a commercial traveller, who is earning or deriving income in any manner within the province.

(3) Every non-resident, except a commercial traveller, carrying on business in the province, and owning and using therein in such business a motor vehicle or trailer as a commercial or public service vehicle, shall register the same and pay the prescribed fee for the registration of a like vehicle owned by a resident of the province. For the purpose of this subsection the word “non-resident” includes a company incorporated otherwise than by or under the authority of an Act of the Legislature.

1939, c.83, s.86; 1940, c.95, s.34; R.S.S. 1940, c.275, s.84.

Non-resident operators

85 Any non-resident may operate a motor vehicle within the province without obtaining an operator’s licence under this Act if he carries with him a subsisting licence which permits him to operate the vehicle in the province or state in which he resides and produces such licence at the request of any police officer, police constable or traffic officer.

1940, c.95, s.35; R.S.S. 1940, c.275, s.85.

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Suspension of application of sections 84 and 85

86(1) The board may at any time suspend for a stated suspension period or revoke the application of section 84 or section 85 or both with respect to any person under the same circumstances as it may suspend or revoke any registration, certificate or licence issued under this Act.

(2) Where the board, in the exercise of the authority conferred on it by subsection (1), suspends or revokes the application of section 84 with respect to any person, it may, by a written permit signed by the chairman of the board or any person lawfully acting on his behalf, authorize the operation of any motor vehicle affected by the suspension or revocation to the boundary of the province by a route and by the person named in the permit.

1940, c.95, s.35; R.S.S. 1940, c.275, s.86.

GRANT, DURATION, SUSPENSION AND CANCELLATION OF CERTIFICATES AND LICENCES

Grants of certificates and licences

87 All certificates of registration and licences under this Act shall be granted by the board.

1939, c.83, s.87; R.S.S. 1940, c.275, s.87.

Duration of registrations, certificates and licences

88 All registrations, certificates and licences made or issued under this Act shall expire at midnight on the last day of February in each year.

1940, c.95, s.36; R.S.S. 1940, c.275, s.88.

Suspension or revocation for misconduct, lack of skill, etc.

89(1) The board may suspend for a stated period or revoke any registration, certificate of registration, licence or permit issued under this Act:

(a) when the holder thereof has been convicted of an infraction of any of the provisions of this Act, the regulations thereunder, The Fuel Petroleum Products Act, The Education Tax Act, the Criminal Code or The Liquor Act;

(b) where it is found that a motor vehicle or trailer is used for a purpose other than that for which vehicles of the class specified in the certificate of registration may lawfully be used;

(c) where it is found that a statement, false in any material particular. has been made in the application for a certificate of registration, licence or permit or in any information, report or document required by or for the purposes of this Act to be furnished by the holder of a certificate, licence or permit;

(d) where suspension or revocation of a certificate of registration, licence or permit is recommended by a judge or jury, police magistrate, justice of the peace, superintendent of police or a chief constable or acting chief constable.

(2) Where an information is laid the board may, pending conviction or other judicial disposal of the case, suspend a registration, certificate of registration, licence or permit.

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(3) The board may at any time suspend or revoke an operator’s or chauffeur’s licence if, after an examination of the circumstances, it is satisfied:

(a) when the holder thereof is afflicted with or suffering from such physical or mental disability or disease as might prevent him from exercising reasonable and ordinary control over a motor vehicle; or

(b) that he is not well skilled in the operation of a motor vehicle; or

(c) that his habits or conduct are such as to make his operation of a motor vehicle dangerous to public safety.

(4) If a registration, certificate of registration, licence or permit is revoked, the board may refuse to issue to the offender another certificate, licence or permit either in the same or in any subsequent year. The board may also prohibit the offender from operating, during a prescribed period, any motor vehicle or trailer whether owned by himself or by another person, and any person so prohibited who operates a motor vehicle or trailer during the period of prohibition, shall be guilty of an offence.

1939, c.83, s.89; 1940, c.95, s.37; R.S.S. 1940, c.275, s.89.

Suspension and revocation of public service vehicle certificates

90(1) The board may for cause suspend a public service vehicle certificate and after at least ten days’ notice to the holder of the certificate granting him an opportunity to be heard, revoke, alter or amend the certificate.

(2) If, in the opinion of the board, the holder of a public service vehicle certificate has not given convenient, efficient and sufficient service, the board shall allow him a reasonable time, not less than ten days, to provide such service before cancelling or revoking his certificate or granting a certificate to some other owner for the operation of a vehicle over the same route.

1939, c.83, s.90; R.S.S. 1940, c.275, s.90.

Suspension or revocation where vehicle mechanically unfit, etc.

91 The board may suspend or revoke a certificate of registration, if, in its opinion, the vehicle for which the certificate was issued is mechanically unfit or unsafe for transportation.

1939, c.83, s.91; R.S.S. 1940, c.275, s.91.

Notice of suspension or revocation

92 Notice of suspension or revocation of a certificate, licence or permit shall be given by registered letter addressed to the holder at his address as shown in the records of the board.

1939, c.83, s.94; R.S.S. 1940, c.275, s.92.

Return of certificate, licence, etc., to board

93(1) When a certificate, licence or permit is suspended or revoked the board may, in its discretion, require the holder to return any certificate, licence, permit, number plate or plates or badge issued to him, in which event he shall forthwith do so.

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(2) Where a person is convicted of failure to return to the board any certificate, licence, permit, number plate or plates or badge, when required to do so, the convicting magistrate or justice of the peace shall order such person to return the certificate, licence, permit, number plate or plates or badge within a specified time.

1939, c.83, s.95; R.S.S. 1940, c.275, s.93.

No licence to be issued during period of suspension

94 Where an operator’s or chauffeur’s licence has been suspended by a judge, police magistrate or justice of the peace under the provisions of this Act or section 285 of the Criminal Code, the board shall not reinstate the licence nor issue to the operator or chauffeur a new licence until the period of suspension has expired.

1939, c.83, s.96; R.S.S. 1940, c.275, s.94.

Power to reinstate certificate, licence or permit

95 Notwithstanding anything herein contained, where a certificate of registration, licence or permit has been suspended or revoked by the board under any of the provisions of this Act, the Lieutenant Governor in Council may, upon application, having regard to all the facts, relieve any person from furnishing proof of financial responsibility, cancel the suspension or reinstate the certificate, licence or permit or confirm the suspension or revocation.

1939, c.83, s.97; R.S.S. 1940, c.275, s.95.

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PART III

Accommodation and Equipment

Rights of public to carriage

96(1) No driver or operator of any vehicle used for passenger transportation on a specified route shall refuse to carry any person offering himself at a regular stopping place for carriage and who tenders the regular fare to any regular stopping place on the route of the vehicle or between the termini thereof, unless at the time of such offer the seats of the vehicle are fully occupied, but the driver or operator may refuse transportation to any person who is in an intoxicated condition or is conducting himself in a boisterous or disorderly manner or using profane or obscene language.

(2) No driver or operator of a public service vehicle shall refuse to carry the commodities stated in the owner’s certificate if the same are offered in proper condition, unless at the time of the offer the vehicle is loaded to capacity or owing to climatic conditions the property is liable to perish in transit.

(3) The board may declare that the prohibition contained in subsection (2) shall not apply with respect to any specified public service vehicle used for the purpose of collecting cream, milk or other dairy products.

1939, c.83, s.98; R.S.S. 1940, c.275, s.96.

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Exits

97 Every vehicle used for conveying passengers shall have at least two exits. This section shall not apply to buses operated solely within the limits of a city.

1939, c.83, s.100; R.S.S. 1940, c.275, s.97.

Prohibitions affecting all motor vehicles

98(1) No person shall ride and no driver shall permit any person to ride upon any exterior part of a motor vehicle except in a space designed for the accommodation of passengers or on the body or platform attachment.

(2) No passenger shall be allowed to sit on the front seat to the left of the driver of a left-hand drive vehicle, or to the right of the driver of a right-hand drive vehicle.

(3) No driver of a motor vehicle shall allow the compartment containing the steering wheel to be overcrowded while the vehicle is in operation on a public highway.

(4) No more than two persons shall ride on a motor cycle and no person shall ride on a motor cycle in front of the driver.

1939, c.83, s.101; R.S.S. 1940, c.275, s.98.

No passengers on trucks, etc.

99(1) With the exception of the owner or bona fide employees, no person shall be carried on a truck, trailer or semi-trailer operated as a public service vehicle, unless with the authority of the board.

(2) Every owner or driver who permits any person to be carried on a vehicle in contravention of subsection (1) and every person so carried shall be guilty of an offence.

1939, c.83, s.102; 1940, c.95, s.39; R.S.S. 1940, c.275, s.99.

Restriction on luggage

100 No public service vehicle used for the transportation of passengers shall carry or transport any luggage, baggage, package, trunk, crate or other load which extends beyond the running board of the vehicle.

1939, c.83, s.103; R.S.S. 1940, c.275, s.100.

Trailers

101 Except where specially authorized by the board, no public service vehicle used for the transportation of passengers shall be operated or driven with a trailer attached thereto.

1939, c.83, s.104; R.S.S. 1940, c.275, s.101.

Public service vehicles to be properly maintained

102 Every public service vehicle shall be maintained in a safe and sanitary condition and shall be at all times subject to the inspection of the board or its duly authorized representatives or of a police officer or police constable.

1939, c.83, s.105; R.S.S. 1940, c.275, s.102.

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Fire extinguisher on public service vehicle

103 Every public service vehicle, except a trailer, shall be equipped with a liquid fire extinguisher of a design or type approved by Underwriters’ Laboratories, and such extinguisher shall at all times be kept in satisfactory operative condition.

1939, c.83, s.106; 1940, c.95, s.40; R.S.S. 1940, c.275, s.103.

Brakes and horn

104(1) Every motor vehicle, other than a motor cycle, when driven upon a public highway, shall be equipped with brakes adequate to stop and to hold the vehicle and having two separate means of application, each of which means shall be effective to apply brakes to two wheels on the same axle. The brakes shall be capable under normal conditions of bringing the vehicle when travelling at 20 miles an hour to a stop in not more than 40 feet. Every motor cycle shall be equipped with at least one brake which shall be capable under normal conditions of bringing the motor cycle when travelling at a speed of 20 miles an hour to a stop in not more than 30 feet.

(2) Every motor vehicle shall, while driven on a public highway, be equipped with a suitable horn or other device capable of emitting sound audible under normal conditions at a distance of not less than 200 feet, and such horn or device shall be sounded only when it is reasonably necessary to notify pedestrians or others of the approach of the vehicle.

1939, c.83, s.110; R.S.S. 1940, c.275, s.104.

Sirens

105 No motor vehicle other than a police or fire department vehicle used for official business or an ambulance used for emergencies shall be equipped with a siren or any device producing a sound which resembles that produced by a siren.

1939, c.83, s.111; R.S.S. 1940, c.275, s.105.

Muffler

106 Every motor vehicle using gasoline or other fluid of similar nature as a motive power shall be equipped with a muffler, which shall not be discontinued or cut out while the machine is in operation within any city, town or village, or when passing a horse or other animal which is being led or driven.

1939, c.83, s.112; 1940, c.95, s.42; R.S.S. 1940, c.275, s.106.

Lamps

107(1) Every motor vehicle, other than a motor cycle or pedal bicycle with motor attachment, shall while in operation on a public highway, during the period from sunset to one hour before sunrise and at all times when fog or other atmospheric conditions render the operation of a motor vehicle dangerous to the traffic on or use of the highway:

(a) carry on the front, one at each side, two lighted lamps of equal power, each of not more than fifty watts and equipped with non-glare devices, the lights or beams of light being visible under normal atmospheric conditions at least 500 feet in the direction towards which the motor vehicle is proceeding, and being sufficient to enable the operator to see any person, vehicle or substantial object upon the highway for a distance of 300 feet, and upon either side thereof for a distance of 10 feet, but not such as to interfere with the convenient or safe use of the highway;

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(b) carry at the rear at least one lighted red lamp the light from which shall be plainly visible for a distance of at least 200 feet from the rear of the vehicle. One of such lamps shall be so arranged that a white light is cast on the number plate, sufficient to cause the number thereon to be easily legible.

(2) Every vehicle carrying a load which overhangs the rear or sides of the vehicle or having a rack or other attachment which so overhangs shall, in addition to the lamp mentioned in clause (b) of subsection (1), or in addition to the light or referring device mentioned in subsection (3), as the case may be, display a red light upon such overhanging load or attachment at the extreme rear end or sides thereof, or both, as the case may require, at all times between the period from sunset to one hour before sunrise, and at all times when fog or other atmospheric conditions render the operation of such vehicle dangerous to the traffic on or use of the highway, and at all other times a red flag sufficient to indicate the projection of such load or attachment.

(3) Every vehicle other than a motor vehicle shall while in operation on a public highway designated as a provincial highway under The Highways and Transportation Act, during the period from sunset to one hour before sunrise and at all times when necessary owing to fog or other atmospheric conditions, carry on the rear a red light plainly visible under normal atmospheric conditions for a distance of 200 feet, or a red reflecting device so placed as to be illuminated by the lights of an approaching motor vehicle and so constructed as to be visible, when illuminated, for a distance of 200 feet from the rear of the vehicle.

(4) Every trailer and semi-trailer shall, while in operation on a public highway other than a provincial highway, during the period from sunset to one hour before sunrise and at all times when necessary owing to fog or other atmospheric conditions, carry on the rear a red light plainly visible under normal atmospheric condition for a distance of 200 feet or a red reflecting device so placed as to be illuminated by the lights of an approaching motor vehicle and so constructed as to be visible, when illuminated, for a distance of 200 feet from the rear of the trailer or semi-trailer.

(5) Every vehicle other than a motor vehicle, trailer or semi-trailer shall while in operation on a public highway designated as a provincial highway under The Highways and Transportation Act, during the period from sunset to one hour before sunrise and at all times when necessary owing to fog or other atmospheric conditions, carry on the front:

(a) a lamp or lantern displaying a white light, plainly visible under normal atmospheric conditions for a distance of 200 feet and so placed as to insure safety of the vehicle and load, if any; or

(b) a white reflecting device so placed as to be illuminated by the lights of an approaching motor vehicle and to ensure safety of the vehicle and load, if any:

Provided that, in the case of a horse-drawn vehicle, this subsection shall be sufficiently complied with if a white reflecting device is fixed on the front of the bridle or bridles of the horse or horses.

(6) All stationary vehicles, machinery and other obstructions on a public highway designated as a provincial highway under The Highways and Transportation Act shall, during the period from sunset to one hour before sunrise and at all times when necessary owing to fog of other atmospheric conditions, be illuminated in such a manner as to give users of the public highway due warning of the obstruction.

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(7) Every motor vehicle having a width, including the load thereon, in excess of eighty inches at any part, shall, during the period from sunset to one hour before sunrise and at all times when necessary owing to fog or other atmospheric conditions, carry four lighted clearance lamps in a conspicuous position as near the top as practicable, one on each side of the front, which shall cast a green light only, and one on each side of the rear, which shall cast a red light only. The lights so used shall be visible under normal atmospheric conditions from a distance of at least 500 feet.

(8) Every motor cycle and every pedal bicycle with or without motor attachment shall, when on a public highway during the period from sunset to one hour before sunrise, carry a lighted lamp visible at least 200 feet in the direction towards which the motor cycle or bicycle is proceeding, and shall also carry a lighted lamp or reflecting device exhibiting to the rear a red light plainly visible under normal atmospheric conditions for a distance of at least 200 feet. This subsection shall not apply to bicycles while in use by police officers or constables on duty.

1939, c.83, s.113; 1940, c.95, s.43; R.S.S. 1940, c.275, s.107.

Spot Lamps

108(1) A motor vehicle, other than a motorcycle or pedal bicycle with motor attachment, may be equipped with not more than one spot lamp in addition to the two lamps required by clause (a) of subsection (1) of section 107.

(2) The provisions of this Act respecting lamps shall apply also, to spot lamps.

(3) The driver of every motor vehicle equipped with a spot lamp shall, when the light is in use, extinguish it when the motor vehicle to which it is attached is at a distance of not less than 1,500 feet front a motor vehicle proceeding in the opposite direction and shall not cause it to be illuminated until the approaching motor vehicle has passed.

1939, c.83, s.114; 1940, c.95, s.44; R.S.S. 1940, c.275, s.108.

Windshield and window

109 The windshield, windows on either side of the compartment containing the steering wheel and rear window of every motor vehicle shall be maintained at all times in such a condition as to insure a clear view to the chauffeur or operator.

1939, c.83, s.115; 1940, c.95, s.45; R.S.S. 1940, c.275, s.109.

Mirrors on trucks

110 Every truck and power unit shall be equipped with a mirror securely attached and placed in such a position as to afford the chauffeur or operator a clearly reflected view of the roadway in the rear and of any vehicle approaching therefrom.

1939, c.83, s.116; 1940, c.95, s.46; R.S.S. 1940, c.275, s.110.

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Trailers and semi-trailers to be securely connected

111(1) When a motor vehicle or tractor is in operation with a trailer attached thereto they shall be connected by a safe clevis or catch.

(2) When a power unit is operated with a semi-trailer attached thereto they shall be securely connected.

1939; c.83, s.117; R.S.S. 1940, c.275, s.111.

Protection of vehicles carrying liquid explosives

112 No truck used for the purpose of carrying in bulk gasoline or any other fuel petroleum product, or liquid which is inflammable or explosive, shall be driven on a public highway unless such truck is provided with a special rear bumper and a safety valve.

1939, c.83, s.136; R.S.S. 1940, c.275, s.112.

Snowmobiles and snowplanes

113(1) No person shall operate or have upon a public highway a motor vehicle known as a snowmobile or snowplane driven by a propeller unless the propeller is inclosed by a guard or frame adequate to prevent injury by the propeller to any person.

(2) The front of the guard or frame may be hinged or detachable but shall be in place at all times when the propeller is in motion.

(3) When a snowmobile or snowplane stops in a city, town or village the engine shall immediately be shut off and shall not be started until necessary for the purpose of propelling the vehicle.

1939, c.83, s.118; R.S.S. 1940, c.275, s.113.

Driving improperly equipped vehicle

114 No person shall drive, and no owner shall cause or allow to be driven, on a public highway, a vehicle not equipped in all respects in accordance with the provisions of this Act and the regulations made thereunder.

1940, c.95, s.47; R.S.S. 1940, c.275, s.114.

_________

PART IV

Speed and Rules of the Road

Speed

115(1) No truck, trailer or semi-trailer having a gross weight in excess of 10,000 pounds shall be operated at a greater speed than thirty-five miles per hour. For the purpose of this subsection “gross weight” means the combined weight of the vehicle and the load carried thereon.

(2) No person shall, during the period from sunset to one hour before sunrise or during fog or other atmospheric conditions resulting in poor visibility, drive a motor vehicle at a speed in excess of forty-five miles per hour.

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(3) Notwithstanding the provisions of subsections (1) and (2), the board may in the public interest fix a maximum speed on any public highway designated as a provincial highway under The Highways and Transportation Act and shall cause to be erected and maintained at each end of the highway or portion thereof and at intervals along the highway or portion thereof signs indicating such maximum speed. No person shall drive a motor vehicle on a provincial highway or portion thereof, upon which such signs have been erected, at a speed greater than that so indicated.

(4) Notwithstanding the provisions of this Act, the authority having jurisdiction over a park or parkway may, by bylaw, rule or regulation fix the maximum speed of motor vehicles within such park or on such parkway; and shall by signs conspicuously placed at each entrance to the park and along the parkway, indicate such maximum speed. No person shall drive a motor vehicle in such park or along such parkway at a speed greater than that so indicated.

(5) No person shall drive a vehicle over a bridge at a greater speed than is provided in The Highways and Transportation Act.

(6) In any prosecution for a violation of the provisions of this section, the onus of proof shall be upon the accused.

(7) Nothing in this section shall apply to a traffic officer, police officer or police constable when engaged in the performance of his duties.

1939, c.83, s.119; 1940, c.95, s.48; R.S.S. 1940, c.275, s.115.

Racing

116 No person shall drive a motor vehicle upon a public highway in a race or on a bet or wager.

1939, c.83, s.120; R.S.S. 1940, c.275, s.116.

Right of way

117(1) Every person driving a motor or other vehicle or riding or driving an animal upon a public highway, shall, upon meeting another person so using the highway, seasonably turn to the right of the centre of the highway and when passing shall drive nearer to the shoulder than the centre of the highway; and, upon overtaking any person so using the highway, shall so pass to the left, and the person about to be overtaken shall as soon as practicable turn to the right so as to allow free passage on the left and shall not increase the speed of his vehicle until the other vehicle has passed and has reached the right hand side of the highway; and no person having passed another vehicle shall drive across the centre of the highway until he is at least twelve feet ahead of such vehicle. A person driving a motor or other vehicle shall, at the intersection of highways, keep to the right of the intersection of the centre of such highways when turning to the right and pass to the right of such intersection when turning to the left..

(2) When two vehicles approach or enter an intersection at approximately the same time the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.

(3) The driver of a vehicle approaching but not having entered an intersection shall yield the right of way to a vehicle within the intersection and turning therein to the left across the line of travel of such driver if the driver of the vehicle turning left has given a plainly visible signal of his intention so to turn.

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(4) Subsections (2) and (3) shall not apply to the operation of vehicles at an intersection of highways where a traffic officer or police constable is on duty or an automatic signal is in operation.

(5) No person driving a motor vehicle shall cause it to pass another motor vehicle travelling in the same direction on a public highway unless the view is unobstructed for a distance of at least 300 feet.

(6) No person driving a motor vehicle shall cause it to pass another vehicle proceeding in the same direction upon a curve or turn in the highway.

(7) Persons riding animals or driving vehicles shall keep to the right hand side of the highway, and shall in no way inconvenience other persons using the highway.

(8) The driver of a vehicle upon a public highway within a city, town or village shall, at an intersection of highways where no traffic officer or police constable is on duty and no automatic signal is in operation, yield the right of way to a pedestrian crossing such public highway within any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent or intersecting sidewalk at the end of a block or within any clearly marked crosswalk. Every pedestrian crossing a highway within a city, town or village at any point other than such regular pedestrian crossing or within a clearly marked crosswalk shall yield the right of way to vehicles upon the highway. The foregoing provisions shall mutatis mutandis apply to the operation of vehicles upon a lane in a city, town or village and to the pedestrians using a sidewalk on a street or avenue which the lane meets. Nothing in this subsection shall relieve the driver of a vehicle from the duty to exercise due care for the safety of pedestrians.

(9) Notwithstanding anything contained in this Act, fire engines, fire department apparatus, ambulances and police cars, when on emergency duty only and when continually sounding the emergency siren, gong or horn, shall have the right of way upon all public highways over all other vehicles and street cars and shall not be bound to stop at stop streets pursuant to any municipal bylaw or at places or times mentioned in this Act. A vehicle to which priority of right of way is given by this subsection shall have priority of right of way over other vehicles to which the same right is given in accordance with the order in which such vehicles are above mentioned.

1939, c.83, s.121; 1940, c.95, s.49; R.S.S. 1940, c.275, s.117.

Dimming or deflecting of lights

118(1) Every motor vehicle on the front of which are carried lamps in excess of twenty-three candlepower shall be equipped with a device for dimming the lamps or deflecting the beams issuing therefrom, in such a manner that they are incapable of dazzling the driver of a motor vehicle proceeding in the opposite direction.

(2) Every person driving a motor vehicle equipped with a light dimming or deflecting device shall, when the lights are in use, dim the headlights or deflect the beams issuing therefrom when he is at a distance of not less than 1,500 feet from a motor vehicle proceeding in the opposite direction and shall keep the headlights dimmed or the beams deflected until the approaching motor vehicle has passed.

1940, c.95, s.50; R.S.S. 1940, c.275, s.118.

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Entering provincial highways

119 A driver of a vehicle shall, before proceeding across or turning into a public highway designated as a provincial highway under The Highways and Transportation Act, outside the limits of a city, town or village, bring his vehicle to a dead stop and shall not proceed until satisfied that it is safe to do so.

1939, c.83, s.123; R.S.S. 1940, c.275, s.119.

Meeting funerals

120 Every person driving a motor vehicle upon a public highway shall upon meeting or overtaking a funeral procession stop his motor or where practicable, turn into the next intersecting highway, where he shall remain, in the former case, until the funeral procession has passed.

1938, c.83, s.124; R.S.S. 1940, c.275, s.120.

Overtaking street cars

121(1) Every person driving a motor vehicle about to overtake a street car which is stationary for the purpose of taking on or discharging passengers shall cause the motor vehicle to come to a dead stop at a distance of at least six feet from the extreme rear end of the street car, and shall so remain until the passengers boarding the car have done so and those dismounting have reached a place of safety.

(2) Subsection (1) shall not apply where a street car is stationary at an intersection where a safety island has been provided.

1939, c.83, s.125; 1940, c.95, s.51; R.S.S. 1940, c.275, s.121.

Overtaking vehicles at intersections

122 No person driving a motor vehicle shall overtake or pass, at an intersection of highways, any motor or other vehicle travelling in the same direction.

1939, c.83, s.126; R.S.S. 1940, c.275, s.122.

Entering and leaving garage

123 Due care shall be taken by the driver of a motor vehicle whilst in the act of entering or leaving a garage not to cause accident through his manner of ingress or egress.

1939, c.83, s.127; R.S.S. 1940, c.275, s.123.

Turning

124(1) No person driving a vehicle shall cause the vehicle to cross a public highway within the limits of a city or town except at an intersection by another highway or a lane or alley, and every person driving a vehicle when stopping the vehicle on a public highway shall do so only when travelling on the right hand side of the highway. If the person driving a vehicle desires to turn the vehicle on leaving a place where he has caused the vehicle to stop he shall proceed to the intersection of the public highway before doing so and shall not turn at such stopping place.

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(2) Every operator and every chauffeur shall signal as follows:

(a) when making a left hand turn by extending the left arm horizontally;

(b) when making a right hand turn by extending the left arm from the shoulder to the elbow horizontally and from the elbow to the hand vertically upwards;

(c) when stopping, or turning out from a stationary position at the side of a public highway, by extending the left arm diagonally downwards in a straight line.

(3) The driver of a vehicle shall, before entering a street from a lane or alley within a city or town, bring his vehicle to a dead stop and shall not proceed until it is safe to do so.

1939, c.83, s.128; 1940, c.95, s.52; R.S.S. 1940, c.275, s.124.

Stopping

125 No person driving a motor or other vehicle shall stop the vehicle on a public highway unless at the right hand shoulder of the highway as far as possible from the centre thereof.

1939, c.83, s.129; R.S.S. 1940, c.275, s.125.

Precautions against accidents

126(1) Every person driving a motor vehicle upon a public highway shall, when approaching either a vehicle drawn by one or more horses or other animals, or a horse with a rider, operate, manage and control the motor vehicle in such manner as to avoid frightening the animals.

(2) If the animals appear frightened, the person in control of the motor vehicle shall reduce the speed thereof and, upon being requested or signalled so to do shall stop the vehicle, including the motor, and remain stationary so long as may be necessary to allow the rider or driver to pass, or until directed by him to proceed.

(3) Where it appears necessary, the occupants of the motor vehicle shall render assistance to such rider or driver.

1939, c.83, s.130; R.S.S. 1940, c.275, s.126.

Passing cattle

127 No person shall drive a motor vehicle at a greater speed than fifteen miles per hour when passing cattle upon or beside a public highway, whether or not the cattle are legally there and whether or not a person is in charge thereof. For the purposes of this section the word “cattle” does not include a horse with a rider or driver.

1939, c.83, s.131; R.S.S. 1940, c.275, s.127.

Certain vehicles not to be left unattended

128 No person in charge of a vehicle drawn by one or more horses or other animals shall leave it, or allow it to proceed, unattended upon a public highway.

1939, c.83, s.132; R.S.S. 1940, c.275, s.128.

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Level railway crossing, etc.

129(1) The driver of a motor vehicle approaching a level railway crossing shall, when any signal man, any automatic signal or other safety device indicates the approach of a train, bring the vehicle to a dead stop, and shall not proceed until the signal man, automatic signal or device indicates that it is safe to do so.

(2) The driver of a motor vehicle shall, before proceeding over a level railway crossing on the approach to which a sign indicating danger, or stop sign, has been erected, whether or not a train can be seen or heard approaching the crossing, and also at any other point indicated by a stop sign, bring his vehicle to a dead stop, at the danger or stop sign, and shall not proceed until it is safe to do so.

(3) The driver of a vehicle, when transporting gasoline other than in the tank or container of a motor vehicle, shall, before proceeding over any level railway crossing, whether or not a train can be seen or heard approaching the crossing, bring the vehicle to a dead stop and shall not proceed until it is safe to do so.

(4) The driver of a public service vehicle used for the transportation of passengers shall, upon approaching a level railway crossing, bring the vehicle to a dead stop and shall not proceed across such crossing until it is safe to do so.

1939, c.83, s.133; 1940, c.95, s.53; R.S.S. 1940, c.275, s.129.

Stop signs

130 Unless authorized by the Minister of Highways and Transportation, no person shall erect on a highway a sign containing the word “stop” or in any way resembling the official stop sign issued by the Department of Highways and Transportation. This section shall not apply to public highways within a city.

1939, c.83, s.134; R.S.S. 1940, c.275, s.130.

Right of way for road equipment

131 Every person in charge of equipment used in connection with the maintenance of provincial highways, may at such times as he deems it expedient to do so, affix thereto a red flag, and, while such flag is so affixed, he shall have the right of way over every person operating or driving a vehicle on the public highway.

1939, c.83, s.135; R.S.S. 1940, c.275, s.131.

Towing bicycles, etc., prohibited

132 No person rising a bicycle, hand sleigh, toboggan or skis on a public highway shall take hold of any moving vehicle or cause or permit such bicycle, hand sleigh, toboggan or skis to be attached to or drawn by a moving vehicle, and no driver of a moving vehicle shall permit such person to take hold of the vehicle or permit a bicycle, hand sleigh, toboggan or skis to be attached thereto or drawn thereby.

1939, c.83, s.137; R.S.S. 1940, c.275, s.132.

Pedestrian to walk on left side of highway

133 No person shall walk on the portion of a public highway used for vehicular traffic otherwise than close to the edge thereof on his left.

1939, c.83, s.138; R.S.S. 1940, c.275, s.133.

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PART V

Accidents

Duty to return to scene of accident

134 If a person or property is injured on a public highway by a motor or other vehicle, the person in charge of the vehicle shall remain at or return immediately to the scene of the accident, give his name and address and, in the case of a motor vehicle, the number of the certificate of registration thereof and of his operator’s or chauffeur’s licence, to anyone who has sustained injury or loss and, upon request, to any bystander or interested party, and he shall render all possible aid and relief which the case may call for.

1939, c.83, s.139; R.S.S. 1940, c.275, s.134.

Duty to report accident

135(1) Every person in charge of a motor vehicle who is directly or indirectly involved in an accident shall, if the accident results in personal injuries, or in damage to property apparently exceeding $50, report the accident forthwith to the nearest police officer and furnish him with a written statement concerning the accident in the form prescribed by the board.

(2) Where such person is physically incapable of making a report and there is another occupant of the motor vehicle, such occupant shall make the report.

(3) A police officer receiving a report of an accident shall secure from the person making the report, or by other inquiries where necessary, such particulars of the accident, the persons involved, the extent of the personal injuries or property damage, if any, and such other information as may be necessary to complete a written report concerning the accident to the board, and shall transmit such report forthwith to the board. The report shall be in a form prescribed by the board.

(4) The board may require any person involved in an accident, or having knowledge of an accident, the parties thereto or any personal injuries or property damage resulting therefrom, to furnish, and any police officer to secure, such additional information and make such supplementary reports of the accident as the board may deem necessary to complete its records, and to establish, as far as possible, the causes of the accident, the persons responsible and the extent of the personal injuries and property damage, if any, resulting therefrom.

1939, c.83, s.140; R.S.S. 1940, c.275, s.135.

Report by owner of public service vehicle

136 Every owner of a public service vehicle shall within forty-eight hours report to the board, in full detail, any accident causing the death of or injury to any person or damage to any property, other than that of the owner, arising from and in connection with his operations, and the board, if it deems necessary, may hold an investigation.

1939, c.83, s.141; R.S.S. 1940, c.275, s.136.

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Reports by insurance companies

137 Every insurance company which receives a claim under a motor vehicle liability policy, in respect of personal injuries, or damage to property exceeding $50, shall forthwith give notice thereof to the board and shall furnish such other information as the board may require.

1939, c.83, s.142; R.S.S. 1940, c.275, s.137.

Reports by owners of repair shops, etc.

138 Every owner of a garage or an automobile repair or wrecker’s business and every dealer shall, upon receiving a motor vehicle which to his knowledge or belief has been in an accident involving personal injuries, or damage to property exceeding $50, forthwith report the matter to the board and furnish such information as it may require.

1939, c.83, s.143; R.S.S. 1940, c.275, s.138.

Onus of proving notice or report

139 Where a person is charged with a violation of any of the provisions of sections 135 to 138 the onus of proving delivery of the notice or report required to be given or made thereunder shall be on the accused.

1940, c.95, s.54; R.S.S. 1940, c.275, s.139.

Liability of owner and driver for loss, damage or injury

140(1) Notwithstanding anything contained in section 12 of The Married Women’s Property Act, but subject to the provisions of subsection (2) of this section, when any loss, damage or injury is caused to any person by a motor vehicle, the person driving it at the time shall be liable for the loss, damage or injury, if it was caused by his negligence or improper conduct, and the owner thereof shall also be liable to the same extent as the driver unless at the time of the injury the motor vehicle had been stolen from him or otherwise wrongfully taken out of his possession or out of the possession of any person intrusted by him with the care thereof.

(2) Except only in the case of motor vehicles which are ordinarily used for carrying passengers for hire or gain, no action shall lie against either the owner or the driver of a motor vehicle by a person who is, after the date on which this subsection comes into force, carried as a passenger in that motor vehicle or by his personal representative or next of kin for any injury, loss or damage sustained by such person by reason of the operation of that motor vehicle by the driver thereof, unless there has been gross negligence or wilful and wanton misconduct on the part of the driver of the vehicle and unless such gross negligence or wilful and wanton misconduct contributed to the injury, loss or damage in respect of which the action is brought.

1939, c.83, s.144; R.S.S. 1940, c.275, s.140.

Onus of proof

141(1) Where loss or damage is sustained by any person by reason of a motor vehicle in motion, the onus of proof that such loss or damage did not entirely or solely arise through the negligence or improper conduct of the owner or driver of the motor vehicle shall be upon the owner or driver.

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(2) This section shall not apply in the case of a collision between motor vehicles upon a highway, nor to an action brought by a passenger in a motor vehicle, other than a public service vehicle, in respect of injuries sustained by him while a passenger.

1939, c.83, s.145; R.S.S. 1940, c.275, s.141.

Time limit for instituting civil actions

142(1) Subject to the provisions of subsections (2) and (3), no action shall be brought against a person for the recovery of damages occasioned by a motor vehicle after the expiration of six months from the time when the damages were sustained.

(2) Where death is caused the action may be brought within the time limited by The Fatal Accidents Act.

(3) Any judge having jurisdiction in the matter may upon application by notice of motion, having regard to all the circumstances of the case, enlarge the time allowed by subsection (1) for bringing an action.

1939, c.83, s.146; R.S.S. 1940, c.275, s.142.

__________

PART VI

Financial Responsibility of Owners, Operators and Chauffeurs

Application

143(1) Nothing in this Part shall prevent the plaintiff in any action from proceeding upon any other remedy or security available at law.

(2) This Part shall only apply to offences and violations of law committed, and to convictions and judgments arising out of motor vehicle accidents occurring, and to motor vehicle liability policies issued or in force, after the first day of May, 1933.

1939, c.83, s.147; R.S.S. 1940, c.275, s.143.

Suspension of licence and registration for failure to pay judgment

144(1) In case:

(a) a judgment is rendered, by any court in Canada, for damages on account of the death of or injury to any person, or on account of damage to property in excess of $50, occasioned by a motor vehicle; and

(b) the person against whom the judgment is rendered fails to satisfy the judgment within thirty days from the date upon which it becomes final by affirmation on appeal or by expiry, without appeal, of the time allowed for appeal;

the board shall, upon receipt of a certificate of the judgment, suspend the operator’s or chauffeur’s licence issued to the person against whom the judgment is rendered and the registration of every motor vehicle registered in his name.

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(2) Every such licence and registration shall remain so suspended and shall not at any time thereafter be renewed, nor shall any new licence be thereafter issued to or registration permitted to be made by the person liable on the judgment, until:

(a) it is satisfied or discharged, otherwise than by a discharge in bankruptcy, to the extent of $5,000, exclusive of interest and costs, for the death of or any injury to one person in one accident and subject to that limit for each person so injured or killed, to the extent of $10,000 exclusive of interest and costs, for the death of or injury to more than one person in one accident, and to the extent of $1,000, exclusive of interest and costs, for damage to property in any one accident; and

(b) the person so liable gives proof of his financial responsibility for future motor vehicle accidents in the manner required by this Part.

(3) If, after proof of financial responsibility has been given, any other judgment against such person, for any accident which occurred before such proof was furnished and after the thirtieth day of April, 1933, is repainted to the board, the board shall suspend the operator’s or chauffeur’s licence issued to such person and the registration of every motor vehicle registered in his name, and such license and registration shall remain so suspended until the judgment is satisfied and discharged, otherwise than by a discharge in bankruptcy, to the extent set out in subsection (2).

(4) The Lieutenant Governor in Council, upon the report of the board that a state has enacted legislation similar in effect to subsections (1) and (2) and that such legislation extends and applies to judgments rendered and become final against residents of that state by any court of competent jurisdiction in Saskatchewan, may, by order declare that the provisions of the said subsections shall extend and apply to judgments rendered and become final against residents of Saskatchewan by any court of competent jurisdiction in such state.

1939, c.83, s.148; R.S.S. 1940, c.275, s.144.

Suspension of privileges of non-resident for failure to pay judgment

145 If the person failing to satisfy the judgment is not a resident of the province, the privilege of driving a motor vehicle in the province and the privilege of using or having in the province a motor vehicle registered in his name, shall be and become suspended forthwith upon the recovery of the judgment and shall remain suspended until he has complied with the provisions of section 144 by payment or discharge of the judgment and furnished proof of financial responsibility for future motor vehicle accidents.

1939, c.83, s.149; R.S.S. 1940, c.275, s.145.

Payment of judgment in instalments

146(1) A judgment debtor to whom section 144 or section 145 applies may, on due notice to the judgment creditor, apply to the court which tried the action for the privilege of paying the judgment against him in instalments, and the court may in its discretion so order, fixing the amounts and times of payment of the instalments.

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(2) While the judgment debtor is not in default in payment of such instalments he shall, for the purpose of this Part, be deemed not in default in payment of the judgment, and upon proof of financial responsibility for future accidents the board may restors the licence and registration or privilege of such judgment debtor, but whenever default is made in paying an instalment the board shall suspend, and as often as such default is remedied may restore, such licence and registration or privilege.

1939, c.83, s.150; R.S.S. 1940, c.275, s.146.

Amount of proof of financial responsibility

147 Subject to the provisions of section 150, proof of financial responsibility when required by this Part shall be given by every operator or chauffeur not being an owner, and by every owner for each motor vehicle registered in his name, in at least the following amounts, namely:

(a) at least $5,000, exclusive of interest and costs, against loss or damage resulting from bodily injury to or the death of any one person and, subject to such limit for any one person so injured or killed, at least $10,000, exclusive of interest and costs, against loss or damage resulting from bodily injury to or death of two or more persons in any one accident; and

(b) at least $1,000, exclusive of interest and costs, for damage to property, except property carried in or upon the motor vehicle, resulting from any one accident.

1939, c.83, s.151; R.S.S. 1940, c.275, s.147.

Manner of proof

148 Subject to the provisions of section 150, proof of financial responsibility may be given in any one of the following forms, namely:

(a) the written certificate or certificates, filed with the board, of an authorized insurer that it has issued to, or for the benefit of, the insured named therein a motor vehicle liability policy or policies, in the form required by The Saskatchewan Insurance Act, which, at the date of the certificate or certificates, is or are in full force and effect. The certificate or certificates shall certify that the motor vehicle liability policy or policies therein mentioned shall not be cancelled or expire except after ten days’ written notice to the board, and until such notice is duly given the certificate or certificates shall be valid and sufficient to cover the term of renewal of the policy or policies by the insurer or any renewal or extension of the term of the insured’s licence or registration by the board; or

(b) the bond of a guarantee insurance or surety company duly authorized to carry on business in the province. The bond shall be payable to the Provincial Treasurer, shall be in form approved by the board and filed with it, and it shall be conditioned for the payment of the amounts specified in this Part and shall not be cancelled or expire except after ten days’ written notice to the board; or

(c) the certificate of the Provincial Treasurer that the person named therein has deposited with the Provincial Treasurer a sum of money or security for money approved by him in the amount or value of' $11,000 for each motor vehicle registered in the name of such person. The Provincial Treasurer shall accept such deposit and issue a certificate therefor.

1939, c.83, s.152; R.S.S. 1940, c.275, s.148.

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Additional proof

149 The board may in its discretion at any time require additional proof of financial responsibility to that filed or deposited and may suspend the operator’s or chauffeur’s license and owner’s registration, if any, until such proof has been furnished.

1939, c.83. s.153; R.S.S. 1940, c.275, s.149.

Proof for owner of several cars

150 In the case of an owner of ten or more motor vehicles proof of financial responsibility, in a form and in an amount not less than $50,000, satisfactory to the board, may be accepted as sufficient for the purposes of this Act.

1939, c.83, s.154; R.S.S. 1940, c.275, s.150.

Proof for non-resident

151 A person who is not a resident of Saskatchewan may give proof of financial responsibility as provided in section 148 or by filing a certificate of insurance, in form approved by the board, issued by an insurer authorized to transact insurance in the state or province in which such person resides, provided the insurer has filed with the Superintendent of Insurance, in the form prescribed by him:

(a) a power of attorney authorizing the Superintendent of Insurance to accept service of notice of process for itself and for its insured in any action or proceeding arising out of a motor vehicle accident in Saskatchewan;

(b) an undertaking to appear in any such action or proceeding of which it has knowledge; and

(c) an undertaking not to set up any defence to any claim, action or proceeding under a motor vehicle liability policy issued by it, which might not be set up if the policy had been issued in Saskatchewan in accordance with the law of Saskatchewan relating to motor vehicle liability policies, and to satisfy, up to the limits of liability stated in the policy, any judgment rendered and become final against it or its insured by a court in Saskatchewan in any such action or proceeding.

1939, c.83, s.155; R.S.S. 1940, c.275, s.151.

Chauffeurs or members of owner's family

152 If the board finds that any driver was, at the time of an offence for which he is convicted, employed by the owner of the motor vehicle involved therein as motor vehicle operator or chauffeur, whether or not so designated, or was a member of the family or household of the owner, and that there was no motor vehicle registered in Saskatchewan in the name of such driver as an owner, then, if the owner of the motor vehicle submits to the board, which is hereby authorized to accept it, proof of his financial responsibility, as provided by this Part, such operator, chauffeur or other person shall be relieved from the requirement of giving proof of financial responsibility on his own behalf.

1939, c.83, s.156; R.S.S. 1940, c.275, s.152.

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Persons responsible for accidents

153 The board may require proof of financial responsibility from any person who, while operating a motor vehicle, has been involved in and, in the opinion of the board, is responsible in whole or in part for any motor vehicle accident resulting in the death of or injury to any person. or damage to property in excess of $50, of from the person in whose name such motor vehicle is registered, or from both; and the board may suspend all owner’s registrations and operator’s or chauffeur’s licences in such cases until proof of financial responsibility is given.

1939, c.83, s.157; R.S.S. 1940, c.275, s.153.

Voluntary filing of proof of financial responsibility

154(1) An owner’s registration or operator’s or chauffeur’s licence, or, in the case of a person not resident in Saskatchewan, the privilege of operating a motor vehicle in Saskatchewan, or the privilege of operating within Saskatchewan any motor vehicle owned by such non-resident, shall not be suspended or withdrawn if the owner, operator, chauffeur or non-resident has voluntarily filed or deposited with the board, prior to an offence or accident, out of which any conviction, judgment or order arises, proof of financial responsibility, which, at the date of the conviction, judgment or order, is valid and sufficient for the requirements of this Part.

(2) The board shall receive and record proof of financial responsibility voluntarily offered, and if any conviction or judgment against such person is thereafter notified to the board which, in the absence of proof of financial responsibility, would have caused the suspension of the operator’s or chauffeur’s licence or owner’s registration, the board shall forthwith notify time insurer or surety of such person of the conviction or judgment so reported.

1939, c.83, s.158; R.S.S. 1940, c.275, s.154.

Form of policy and duties of insurer

155(1) A motor vehicle liability policy referred to in this Part shall be in the form prescribed by The Saskatchewan Insurance Act for an owner’s policy or a driver’s policy, as the case may require, and approved thereunder by the Superintendent of Insurance for the purposes of this Part.

(2) Any insurer which has issued a motor vehicle liability policy shall, as and when the insured requests, deliver to him for filing, or file direct with the board, a certificate for the purposes of this Part.

(3) Such certificate when filed with the board shall be deemed to be a conclusive admission by the insurer that a policy has been issued in the form prescribed by subsection (1) and in accordance with the terms of the certificate.

(4) Every insurer shall notify the board of the cancellation or expiry of any motor vehicle liability policy, for which a certificate has been issued, at least ten days before the effective date of such cancellation or expiry, and in the absence of such notice the policy shall remain in full force and effect.

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(5) Where a person, who is not a resident of the province, is a party to an action for damages arising out of a motor vehicle accident in the province, for which indemnity is provided by a motor vehicle liability policy, the insurer named in the policy shall, as soon as it has knowledge of the action from any source, and whether or not liability under such policy is admitted, notify the board in writing, specifying the date and place of the accident and the names and addresses of the parties to the action and of the insurer, which notification shall be open to inspection by parties to the action.

(6) Notwithstanding anything contained in this Part, the board may decline to accept as proof of financial responsibility the certificates of any insurer which fails to comply with the provisions of subsection (5).

1939, c.83, s.159; R.S.S. 1940, c.275, s.155.

Default by insurer of non-resident

156 If an insurer which has filed the documents described in section 151 defaults thereunder, its certificates shall not thereafter be accepted as proof of financial responsibility under this Part so long as default continues, and the board shall forthwith notify the Superintendent of Insurance and the registrar of motor vehicles, or the officer or officers, if any, in charge of the registration of motor vehicles and the licensing of operators and chauffeurs in all provinces and states where the certificates of such insurer are accepted as proof of financial responsibility.

1939, c.83, s.160; R.S.S. 1940, c.275, s.156.

Application of insurer of non-resident

157(1) The bond, money or securities filed or deposited, pursuant to the foregoing sections, shall be held by the Provincial Treasurer or the board, as the case may be, as security for payment of any judgment which may be obtained against the owner, operator or chauffeur filing the bond or making the deposit, in an action arising out of damage caused, after such filing or deposit, by the driving of a motor vehicle, owned by such owner, or driven by such operator or chauffeur, or by any other person for whose negligence the owner, operator or chauffeur is found liable.

(2) Money and securities deposited with the Provincial Treasurer shall be paid or handed over by him on the order of the court or a judge thereof to satisfy a judgment recovered in such court for damages for personal injuries or death, or damage to property, occurring after such deposit, but the money or securities shall not be subject to any other claim or demand.

1939, c.83, s.161; R.S.S. 1940, c.275, s.157.

Action on bond

158 If a judgment to which this Part applies is rendered against the principal named in the bond filed with the board and such judgment is not satisfied within fifteen days after it has been rendered, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action on the bond to the extent thereof but no more, in the name of the Provincial Treasurer, and may, to the extent of the bond but no more, recover the amount of his judgment and costs against the person executing the bond, and the amount so recovered shall, on the order of the court in which the judgment is obtained, or a judge thereof, be paid over to the person recovering the judgment.

1939, c.83, s.162; R.S.S. 1940, c.275, s.158.

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Cancellation and return of security

159(1) The board may cancel any bond or return any certificate of insurance, and the Provincial Treasurer may, at the request of the board, return any money or securities deposited pursuant to this Part as proof of financial responsibility, at any time after three years from the date of the original deposit thereof, provided that the owner or driver on whose behalf such proof was given has not, during the said period, or any three year period immediately preceding the request, been convicted of an offence mentioned in section 160, and provided that no action for damages is pending and no judgment is outstanding and unsatisfied in respect of personal injury or damage to property in excess of $100, resulting from the operation of a motor vehicle. A statutory declaration of the applicant under this section shall be sufficient evidence of the facts in the absence of evidence to the contrary in the records of the board.

(2) The board may direct the return of any bond, money or securities to the person who furnished the same, upon the acceptance and substitution of other adequate proof of financial responsibility, pursuant to this Part.

(3) The board may direct the return of any bond, money or securities to the person who furnished the same at any time after three years from the date of the expiration or surrender of the last owner’s certificate or operator’s or chauffeur’s licence issued to such person:

(a) if no written notice has been received by the board within such period of any action brought against such person in respect of the ownership, maintenance or operation of a motor vehicle; and

(b) upon the filing by such person with the board of a statutory declaration that such person no longer resides in Saskatchewan, or that he has made a bona fide sale of all motor vehicles owned by him, naming the purchasers thereof, and that he does not intend to own or operate any motor vehicle in Saskatchewan within a period of one or more years.

1939, c.83, s.163; R.S.S. 1940, c.275, s.159.

Supension of licence and certificate upon conviction

160(1) Subject to the provision contained in subsection (2), the board may suspend the operator’s or chauffeur’s licence issued to a person, and the certificate of registration of every motor vehicle registered in the name of a person, who, by an order, judgment or conviction of a court, magistrate or justice of the peace in the province, is convicted of any one of the following offences or violations of law, or who, having been arrested for any such offence or violation, has forfeited his bail, namely:

(a) racing or driving on a bet or wager upon a public highway, contrary to section 116, if injury to property in excess of $50 or to any person occurs in connection therewith;

(b) an accident having occurred, failing to remain at or return to the scene of the accident, contrary to the provisions of section 134, if injury to property in excess of $50 or to any person occurs in connection therewith;

(c) failing to report an accident as required by section 135, or to furnish a report or statement as required by or under the authority of the said section;

(d) any criminal offence involving the use of a motor vehicle.

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(2) If an appeal is taken from such order, judgment or conviction, the board shall not suspend the licence or registration until the appeal is disposed of and unless the appeal is dismissed.

(3) Where a licence or certificate of registration has been suspended under subsection (1) it shall remain suspended and shall not at any time thereafter be renewed, nor shall any new licence or certificate of registration be thereafter issued to or made for such person, until:

(a) he has satisfied any penalty imposed by the court in respect of such offence, or his conviction has been quashed; and

(b) he has given to the board proof of his financial responsibility for future motor vehicle accidents in the manner and for the amount required by this Part;

but the giving of proof to the board of such financial responsibility for future accidents shall not alter or affect in any way any disqualification to hold a licence or certificate of registration or the suspension or cancellation of an operator’s or chauffeur’s licence or the certificate of registration of a motor vehicle under the provisions of this Act.

(4) Upon receipt by the board of official notice that an operator or chauffeur licensed, or an owner of a motor vehicle registered, under this Act has been convicted or forfeited his bail in any other province or in any state in respect of an offence which, if committed in this province, would have been a violation of the provisions of law mentioned in subsection (1), the board may suspend the licence and certificate of registration until such person has given proof of financial responsibility in the same manner as if the said conviction has been made or the bail forfeited by a court in the province.

1939, c.83, s.164; R.S.S. 1940, c.275, s.160.

Return of certificate, licence and plates on suspension

161 An owner, operator or chauffeur whose certificate of registration or licence has been suspended, or whose policy of insurance or surety bond has been cancelled or terminated, or who fails to furnish proof or additional proof of financial responsibility upon being required to do so, shall immediately deliver to the magistrate or justice, or return to the board, the certificate of registration, his operator’s or chauffeur’s licence and the number plates, and if he does not do so the board may cause a peace officer to recover possession thereof, and such owner, operator or chauffeur shall be guilty of an offence and liable on summary conviction to a fine of not less than $10 nor more than $100 for each offence.

1939, c.83, s.165; R.S.S. 1940, c.275, s.161.

Driver may drive for owner who has furnished proof

162 If an operator or chaffeur is required to furnish proof of financial responsibility and his licence is or remains suspended solely on the ground of his failure to do so, the board may permit him to drive the motor vehicle of an owner who furnishes or has furnished proof of financial responsibility on his own behalf, but in that case time board shall indorse the licence to that effect, and such operator or chauffeur shall not drive a motor vehicle other than one described in the licence unless and until he furnishes time proof required of him.

1939, c.83, s.166; R.S.S. 1940, c.275, s.162.

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Suspension of privileges of non-resident upon conviction

163 If a person to whom subsection (1) of section 160 applies is not a resident of the province, the privilege of driving a motor vehicle in the province and the privilege of using or having within the province a motor vehicle owned by him, shall be and become suspended forthwith upon conviction or forfeiture of bail and shall remain suspended until he has complied with the provisions of subsection (3) of section 160 by satisfaction of the penalty imposed by the court and furnished proof of financial responsibility for future motor vehicle accidents:

Provided that the police magistrate or justice of the peace before whom such person was charged may, in his discretion, by a written permit signed by him, authorize the operation of such motor vehicle to the boundaries of the province by such route and by such person as the permit may describe.

1939, c.83, s.167; R.S.S. 1940, c.275, s.163.

Report of convictions and judgment

164(1) Every police magistrate and justice of the peace with respect to convictions made by him for offences mentioned in section 160, and every clerk or local registrar of a court with respect to orders, judgments or convictions for offences referred to in section 160 and made or given in such court, shall forthwith forward to the board a certificate, transcript or certified copy thereof in the form prescribed by the board and shall forthwith notify the board of any appeal or proceedings in the nature of appeal therefrom. Such copy, transcript or certificate shall be prima facie evidence of the order, judgment or conviction. The magistrate, justice, clerk or other official shall be entitled to collect and receive a fee of twenty-five cents for each certificate, record or report hereby required, which fee shall be paid as part of the court costs, in case of a conviction, by the person convicted, and in case of an order or judgment by the person for whose benefit judgment is issued.

(2) If the defendant is not resident in the province but resides in another province of Canada or in the United States of America, the board shall transmit to the proper officer, if any, in charge of the registration of motor vehicles and the licensing of drivers in the province or state in which the defendant resides, a certificate of the said order, judgment or conviction.

1939, c.83, s.168; R.S.S. 1940, c.275, s.164.

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PART VII

Fees and Expenses

Fees

165(1) The Lieutenant Governor in Council may from time to time prescribe the fees and charges which shall be payable to the board under this Act, but no order for that purpose shall be effective until it has been published in the Gazette.

(2) No reduction in the amount of the annual fees prescribed under subsection (1) shall become effective before the first day of August in the year in which such reduction is ordered.

1939, c.83, s.169; R.S.S. 1940, c.275, s.165.

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Recovery of fees, etc.

166 Notwithstanding anything contained in this or any other Act or that the board has suspended or revoked a certificate, licence or permit or has caused a plate or plates to be returned to it or has impounded a motor vehicle, any fee or charge payable under this Act or the Acts repealed by this Act or the regulations under any of the said Acts may be recovered by action.

1939, c.83, s.172; R.S.S. 1940, c.275, s.166.

Refunds of fees

167 The board may, subject to retention of such portion of moneys paid as shall reimburse the board for relevant work and expense, authorize refunds of fees paid for registrations, transfers or exchanges where the issue of certificates or the registration of transfers or exchanges has not been completed.

1939, c.83, s.173; R.S.S. 1940, c.275, s.167.

Fees, etc. deposited in consolidated fund

168 All fees and other moneys collected under this Act shall be deposited in the consolidated fund.

1939, c.83 s.174; R.S.S. 1940, c.275, s.168.

Expenses of board

169 The expenses of the board shall be paid out of such sums as my be appropriated by the Legislature for the purpose.

1939, c.83, s.175; R.S.S. 1940, c.275, s.169.

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PART VIII

Miscellaneous

Use of bills of lading, express receipts and passenger tickets

170(1) Every person owning or operating a public service vehicle for the transportation of freight shall use the form of bill of lading prescribed by the board. The bill of lading shall accompany each shipment.

(2) Every person owning or operating a public service vehicle for the transportation of express freight over a specified route shall use the form of express receipt prescribed by the board. The express receipt simall accompany each shipment.

(3) Every person owning or operating a public service vehicle for the transportation of passengers over a specified route shall use only tickets approved by the board.

(4) The board may, after an examination of the circumstances, exempt the owner of a motor vehicle from the requirements of subsections (1) and (2).

1939, c.83, s.176; 1940, c.95, s.56; R.S.S. 1940, c.275, s.170.

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Records

171(1) Every person required to issue bills of lading or express receipts under the provisions of section 170 shall retain a copy of every such document issued for at least one year from the date of issue thereof.

(2) Every person required by this Act to keep records, books or accounts shall retain such records, books or accounts for a period of at least one year from the date of the last entry therein.

(3) All records, books, accounts or documents required by this Act to be kept shall at all times during business hours be open to the inspection of the board or its appointed representatives and no person shall refuse to allow the board or its representatives access to any such records, books, accounts or documents or to produce the same for inspection when requested to do so.

1940, c.95, s.57; R.S.S. 1940, c.275, s.171.

Time schedules to be observed

172 Every holder of a certificate issued under this Act who operates a public service vehicle over a specified route or routes shall, in so far as road conditions permit, operate in accordance with the approved schedule of arrival at and departure from each point.

1939, c.83, s.177; R.S.S. 1940, c.275, s.172.

Holder of certificate not to discontinue service

173(1) No holder of a public service vehicle certificate shall, without the authority of the board, abandon or discontinue any service established thereunder, except as provided in subsection (3) or in the regulations.

(2) Subject to the provisions of subsection (1), if the holder of a certificate abandons or discontinues in whole or in part any service established by virtue thereof, without the authority of the board, the certificate may be cancelled by the board.

(3) If at any time, in the opinion of the Minister of Highways and Transportation, a public highway is being or would be damaged by the operation thereon of a vehicle, he may request the board to order an immediate discontinuance of such operation for such time as he considers advisable, and the board shall so order.

1939, c.83, s.178; R.S.S. 1940, c.275, s.173.

Application of sections 22, 28(1) and 103

174 Section 22, subsection (1) of section 28 and section 103 shall not apply to the owner of a public service vehicle whose principal business, in the opinion of the board, is the operation of a taxi service within the limits of a city, town or village, nor to a motor vehicle owned and operated by a city, and section 22 shall not apply to a public service vehicle operated for the transportation of children to and from school.

1940, c.95, s.59; R.S.S. 1940, c.275, s.174.

Alteration of certificate, etc.

175 No person shall alter any certificate or schedule of tolls or rates.1939, c.83, s.181; R.S.S. 1940, c.275, s.175.

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Signs and particulars to be exposed on vehicles and in premises of owners

176(1) All public service vehicles while in operation on chartered trips shall have exposed on the front thereof a sign marked “chartered” and the driver shall have the permit, issued of owners under section 49, in his possession and shall produce it on demand.

(2) A truck operated as a public service vehicle shall have painted on each side in legible letters the owner’s name and, if operated on a specified route, the terminal points thereof.

(3) In or on each public service vehicle and on the premises of the owner there shall be prominently displayed the schedule of times and tolls or rates approved by the board.

(4) The sign and particulars referred to in subsections (1) and (2) shall at all times be kept well painted, clean and legible.

(5) A commercial or public service vehicle operated for the purpose of transporting fuel petroleum products in a tank, in addition to the requirements of subsection (2) shall have painted on the rear in legible letters the owner’s name and address.

1939, c.83, s.182; R.S.S. 1940, c.275, s.176.

Prohibition against certain operations of public service vehicles

177 No person, by himself or by an agent or employee, shall operate a public service vehicle off the route or outside the area described or stated in the certificate of registration of such vehicle, without a permit issued by the board specifically authorizing him to do so.

1939, c.83, s.184; R.S.S. 1940, c.275, s.177.

Prohibitions

178(1) Subject to the provisions of section 49 no person shall operate or cause to be operated for compensation a motor vehicle or trailer other than a commercial vehicle, public service vehicle, farm truck, ambulance, hearse or, in the case of a farmer, a private trailer, and no person shall pay compensation for such operation.

(2) Subject to the provisions of section 49 no person shall operate or cause to be operated a commercial vehicle, public service vehicle, farm truck or private trailer for a purpose other than one authorized by regulation of the board, and no person shall pay compensation for such operation.

1940, c.95, s.61; R.S.S. 1940, c.275, s.178.

Presumption

179 The fact that a certificate of registration bears the title “Commercial Vehicle Certificate of Registration”, “Public Service Vehicle Certificate of Registration”, “Farm Truck Certificate of Registration” or “Private Trailer Certificate of Registration” or other words of like intent shall be prima facie evidence that the vehicle described in the certificate has been classified by and registered with the board in the class indicated by such title.

1940, c.95, s.62; R.S.S. 1940, c.275, s.179.

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Municipal fees

180(1) No city, town, village or rural municipality shall impose any fee or charge upon any person who holds a public service vehicle certificate under this Act, except a business or property tax in cases where the certificate holder maintains an office.

(2) Subsection (1) shall not apply to the holder of a public service vehicle certificate the major portion of whose revenue from the operation of a taxi or dray service is secured from the operation of such service within a city, town or village.

(3) If, in any prosecution of an operator of a taxi or dray service for non-payment of a licence fee imposed by a city, town or village or in any action by a city, town or village for recovery from such operator of a licence fee, it is proved that such person derives some portion of his revenue from the operation of a taxi or dray service from operations within the municipality, then it shall be presumed that such operator derives the major portion of such revenue from that source, unless it is proved to the contrary.

1939, c.83, s.188; R.S.S. 1940, c.275, s.180.

Municipal bylaws

181(1) No bylaw of a city, town, village or rural municipality heretofore or hereafter passed, regulating vehicles or the use of public highways, shall have any effect unless it is approved by the board:

Provided that where any such bylaw has heretofore been approved in accordance with the provisions of any Act repealed by this Act or any former Act of like intent, it shall, in so far as it is not inconsistent with this Act, be deemed to have been approved by the board under this subsection.

(2) Where, in the opinion of the board, it is in the public interest, in a city, town, village or rural municipality, to vary the traffic regulations contained in this Act, the board may approve a bylaw containing such variations, in which case the bylaw shall supersede such regulations, and it shall not on that account be open to question or review.

(3) A certificate by the clerk or secretary treasurer of a municipality, under his hand and the seal of the municipality, specifying the bylaw and stating that it has been approved by the board and the date of such approval, shall be prima facie evidence that the bylaw has been so approved and of authority to approve it.

1939, c.83, s.189; 1940, c.95, s.64; R.S.S. 1940, c.275, s.181.

Board responsible to Provincial Tax Commission

182 In the performance of the duties and exercise of the powers imposed or conferred upon it by this Act the board shall be responsible to the Provincial Tax Commission.

1939, c.83, s.190; R.S.S. 1940, c.275, s.182.

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PART IX

Enforcement Provisions

Power to prohibit operation of certain vehicles

183 Upon receipt of a written report that a motor vehicle, trailer or semi-trailer is unfit or unsafe for transportation, or is not equipped in accordance with this Act, the board may after investigation prohibit the operation of the vehicle on the public highway until it receives a certificate by the owner of a garage that the necessary repairs or additions to equipment have been made and that in his opinion the vehicle may be operated on the public highway without being a source of danger to passengers or the public.

1939, c.83, s.191; R.S.S. 1940, c.275, s.183.

Power of certain officers to examine and test

184(1) Every police officer or police constable and every traffic officer appointed for the purpose of enforcing the provisions of this Act may require a driver of a motor vehicle to submit the motor vehicle, together with its equipment and the trailer or semi-trailer, if any, attached thereto, to such examination and tests as the police officer, police constable, inspector or traffic officer may deem expedient.

(2) If such vehicle, equipment, trailer or semi-trailer is found to be unfit or unsafe for transportation or dangerous to passengers or the public, the police officer, police constable or traffic officer making the examination or tests may require the driver of the vehicle to have the vehicle, equipment, trailer or semi-trailer placed in a safe condition and may order that the vehicle, trailer or semi-trailer be removed from the public highway and may prohibit the operation of the same on the public highway until the vehicle, equipment, trailer or semi-trailer has been rendered fit and safe for transportation.

1939, c.83, s.192; R.S.S. 1940, c.275, s.184.

Seizure of vehicles illegally operated

185 Any traffic officer, police officer or police constable may, without warrant, seize any motor vehicle, trailer or semi-trailer which, in his opinion, is being operated in violation of this Act and may retain the same in his custody until the proper fees and charges are paid or, in case an information is laid within seven days from the date of the seizure, until the case is judicially disposed of.

1939, c.83, s.193; R.S.S. 1940, c.275, s.185.

Information to be furnished

186 Every person to whom a certificate, licence or instruction permit has been issued under this Act shall furnish any traffic officer, police officer or police constable, upon request, with such information as he requires in the fulfilment of his duties.

1939, c.83, s.194; R.S.S. 1940, c.275, s.186.

Drivers to stop on request of officer

187 Every person driving a vehicle shall, upon being requested or signalled so to do by a traffic officer, stop the vehicle and, upon request, furnish him with such information as he requires in the fulfilment of his duties.

1939, c.83, s.195; R.S.S. 1940, c.275, s.187.

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Report of convictions

188 Every police magistrate and justice of the peace by whom a person holding, or required by this Act to hold, a certificate of registration, an operator’s or chauffeur’s licence or an instruction permit is convicted of a violation of this Act or section 285 of the Criminal Code shall forthwith forward to the board particulars of the conviction.

1939, c.83, s.196; R.S.S. 1940, c.275, s.188.

Presumption of authority of traffic officer

189 In any prosecution under any of the provisions of this Act the fact that any person purports to act or has purported to act as a traffic officer shall be prima facie evidence of his appointment and authority so to act.

1940, c.95, s.65; R.S.S. 1940, c.275, s.189.

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PART X

Offences and Penalties

Tampering with motor vehicle

190(1) No person shall:

(a) tamper with a motor vehicle without the consent of the owner or driver;

(b) without the consent of the owner or driver, climb upon or into any motor vehicle, whether the same is in motion or at rest;

(c) hurl stones or other missiles at any motor vehicle or occupant thereof;

(d) while a motor vehicle is at rest and unattended, sound the horn or other signalling device, or manipulate or attempt to manipulate any lever, starting crank, brakes or machinery thereof, or set the vehicle in motion; or

(e) otherwise damage or interfere with any motor vehicle.

(2) A person who violates any of the provisions of subsection (1) shall, in addition to liability for all damages caused by such violation, be guilty of an offence and liable on summary conviction to a fine of not less than $10 or imprisonment for not more than six months or to both fine and imprisonment.

(3) Clauses (a), (b), (d) and (e) of subsection (1) shall not apply to a traffic officer, police officer or police constable acting in the performance of his duty.

1939, c.83, s.197; 1940, c.95, s.66; R.S.S. 1940, c.275, s.190.

Placing nails, etc., upon highway

191 No person shall put upon a public highway any nails, glass or other material which might destroy or cause damage to the tires of a vehicle.

1939, c.83, s.198; R.S.S. 1940, c.275, s.191.

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Throwing burning match, ashes, etc., on highway

192 No person shall throw or drop from a vehicle upon a public highway a burning match, ashes of a pipe, a lighted cigar or cigarette or any other burning substance.

1939, c.83, s.199; R.S.S. 1940, c.275, s.192.

Unauthorized persons prohibited from carrying permit or licence

193(1) No person other than one to whom an instruction permit or an operator’s or chauffeur’s licence has been issued shall carry a permit or licence while driving a motor vehicle.

(2) No licensed operator or chauffeur shall permit another person to use his licence.

1939, c.83, s.200; R.S.S. 1940, c.275, s.193.

False information

194 A person who, in any information, report or document required by or for the purposes of this Act, makes a statement false in any material particular shall, upon summary conviction, be liable for the first offence to a fine of not less than $5 nor more than $50 and costs and for a subsequent offence to a fine of not less than $25 nor more than $300 and costs, and in default of payment the offender may be imprisoned for a term not exceeding sixty days.

1939, c.83, s.201; R.S.S. 1940, c.275, s.194.

Applying for licence during suspension, cancellation or prohibition from driving

195 A person whose operator’s or chauffeur’s licence has been suspended or cancelled or who has been prohibited under section 285 of the Criminal Code from driving a motor vehicle or automobile and who, during the period of suspension or cancellation or of such prohibition from driving, applies for an operator’s or chauffeur’s licence shall be guilty of an offence.

1939, c.83, s.202; R.S.S. 1940, c.275, s.195.

Applying for additional licence

196 A person who, while he is the holder of a valid and subsisting operator’s or chauffeur’s licence issued under this Act, applies for an additional operator’s or chauffeur’s licence shall be guilty of an offence.

1939, c.83, s.203; R.S.S. 1940, c.275, s.196.

General penalty

197 A person who is guilty of a violation of the provisions of this Act or the regulations thereunder, for which no other penalty is imposed, shall, upon summary conviction, be liable for the first offence to a fine of not less than $5 nor more than $100 and costs and for a subsequent offence to a fine of not less than $10 nor more than $200 and costs, and in default of payment the offender may be imprisoned for a term of not less than seven days and not exceeding sixty days.

1939, c.83, s.204; R.S.S. 1940, c.275, s.197.

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Continuing offences

198 If an offence continues after a conviction therefor, the offender shall upon summary conviction be liable to a further fine of not less than $1 nor more than $5 for each day on which the offence is continued.

1939, c.83, s.205; R.S.S. 1940, c.275, s.198.

Disposal of fines

199 In cities and towns where a conviction has been obtained under any of the provisions of this Act upon the information of a constable or policeman appointed and paid by the municipality, and not a member of any force of police directly or indirectly employed and paid by the province, one-half of the fine imposed shall be paid to the municipality, and the police magistrate or justice of the peace making the conviction shall at the time thereof make distribution of the fine accordingly.

1939, c.83, s.206; R.S.S. 1940, c.275, s.199.

Liability of owner of vehicle other than public service vehicle

200 The owner of a motor vehicle, other than a public service vehicle, shall be liable for violation of any of the provisions of this Act in connection with the operation of the motor vehicle, unless such owner proves to the satisfaction of the police magistrate or justice of the peace trying the case that at the time of the offence the vehicle was not being operated by him, nor by any other person with his consent, express or implied.

1939, c.83, s.207; R.S.S. 1940, c.275, s.200.

Liability of owner of public service vehicle

201(1) Subject to subsection (2), the owner of a public service vehicle shall be liable for violation of any of the provisions of this Act in connection with the operation of such vehicle whether or not at the time of the offence the vehicle was being operated by him.

(2) The owner shall not be liable to imprisonment if he proves to the satisfaction of the police magistrate or justice of the peace trying the case that at the time of the offence the vehicle was not being operated by him, nor by any other person with his consent, express or implied.

1939, c.83, s.208; R.S.S. 1940, c.275, s.201.

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Regina, SaskatchewanPrinted by the authority of

THE QUEEN’S PRINTER